Child Contact
In most cases parents are able to agree how often the parent who does not live with the child should see them, but sometimes, especially immediately after a painful break up, this proves to be impossible. Sadly, it can be easy for one or both parents to lose sight of the needs of the child in the aftermath of a relationship end.
The law regarding contact emphasises the child's right to know both parents if this is possible, rather than the parent's right to see their child. But if the parent with care of the child refuses to allow the absent parent contact, there are a number of ways a solicitor can help
The first step would usually be to contact the parent who is the main carer formally by letter and simply to put the request for contact in writing. This can often resolve the situation as most people are understandably anxious to avoid going to Court.
It can also be a good idea to talk to a mediator regarding contact issues. A mediator can help parents sort out their differences and come to an agreement regarding the child's upbringing. This is generally not recommended in cases where there may have been Domestic Violence or abuse
If these steps don't solve the difficulties regarding contact then the parent who does not live with the child can make an application to Court. The Court will consider various things in deciding whether a Contact Order should be made, but the child's welfare is always the main concern. The Court may also ask the child what their feelings are. This is not done directly, but through the Court's welfare officers, who are called CAFCASS officers. The CAFCASS officer will speak to both parents outside of Court and also to the child, if the child is old enough. The CAFCASS officer is also likely to arrange to see the child in the presence of both parents. Once the CAFCASS officer has spoken to everyone they will prepare a report, which will recommend what contact is suitable. A major disadvantage to going to Court is that it can be a long process, as it can take up to four months for CAFCASS alone to complete their investigations.
It is also important for unmarried dads to consider if they have Parental Responsibility as this will also affect how involved they can be in their child's life.
