Child Access Dispute
The individual seeks assistance in obtaining access to their child. The primary issue is that the child's other parent is currently not allowing contact. The individual wishes to have a formal child contact arrangement established and has requested assistance in drafting a letter to the other parent. No further details about specific arrangements or challenges have been shared beyond the lack of access.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps should I take to apply for a child contact order through the family court?
To apply for a child contact order through the family court, you will need to complete a form (C100). This form can be submitted online or by post. You must demonstrate that you’ve considered mediation by attending a mediation information session (MIAM), unless you qualify for an exemption. Submit the completed form along with the applicable fee. It is important to provide details of the proposed contact arrangements and any relevant circumstances affecting the case.
Can you help me draft a formal letter to the other parent regarding the child contact arrangement?
To draft a formal letter regarding child contact arrangements, outline your desire for a structured arrangement in the child's best interests. Highlight your willingness to discuss and agree on a schedule that considers the child's routine and well-being. Be polite but assertive, avoiding any accusatory language, and express your understanding of the current challenges.
What are the legal implications if the other parent continues to deny me access to my child?
If the other parent continues to deny you access to your child, it could result in potential legal consequences such as breaching a court order, if one is in place. The court prioritises the child's best interests, and consistent denial of access might prompt the court to take corrective measures, including modifying existing arrangements or issuing enforcement orders.
How does the court consider the best interests of the child when determining contact arrangements?
The court prioritises the best interests of the child when determining contact arrangements, focusing on the child's welfare. Factors considered include the child's physical, emotional, and educational needs, the effect of any changes, and the child's own wishes and feelings, given their age and understanding.
Are there any alternative dispute resolution methods, such as mediation, that I should consider before going to court?
You should consider mediation as an alternative dispute resolution method before going to court. Mediation offers a less confrontational way to resolve child contact issues and can be quicker and more cost-effective.
