Child Contact Arrangement
The individual is facing ongoing challenges with the other parent of their child, experiencing issues that have persisted over several months. Despite attending a Mediation Information and Assessment Meeting (MIAM), the other parent declined to engage in mediation. The individual is seeking a court order to establish formal arrangements for child contact, specifically desiring minimal to no further interaction with the other parent. They have successfully obtained their MIAM certificate, allowing them to proceed with legal action. Their main objective is to ensure a structured resolution regarding contact with their child while minimizing contact with the other parent.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the steps involved in obtaining a child arrangements order to formalise when I can see my child?
To obtain a child arrangements order, follow these steps:
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Mediation: Attempt to resolve the matter through mediation, as you have done, and obtain a MIAM certificate when mediation fails.
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C100 Form: Complete and submit a C100 form to the Family Court, including your MIAM certificate. This initiates the application for a child arrangements order.
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Court Proceedings: Attend hearings where the court will assess the best interests of the child to determine contact arrangements.
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CAFCASS Involvement: The court may involve CAFCASS (Children and Family Court Advisory and Support Service) to provide recommendations.
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Court Decision: The court will issue an order specifying the arrangements for child contact.
How can I ensure that the other parent is legally prevented from harassing me in the future?
To ensure the other parent is legally prevented from harassment, consider applying for a non-molestation order. This is an injunction aimed at preventing harassment or intimidation. The court can issue an ex parte order, which means the other parent does not need to be present for the order's initial making. If granted, the order can legally prevent them from contacting or approaching you, and breaching it is a criminal offense. Collect any evidence of harassment, such as messages or witness statements, to support your application.
What evidence should I gather to support my application for a child arrangements order and possible protective order?
To support your application for a child arrangements order, gather evidence demonstrating your involvement in the child's life, such as messages, emails, or records of communication attempts. Log instances of harassment, including specific dates, times, and any police reports or witness statements. Evidence of your participation in mediation and the MIAM certificate will further strengthen your case. If seeking a protective order, compile detailed records of any threatening behavior or harassment, including screenshots or recordings if applicable.
Are there any legal implications of requesting no contact with the other parent regarding child custody arrangements?
Requesting no contact with the other parent regarding child custody has significant legal implications. The court prioritizes the child's welfare and generally encourages relationships with both parents unless evidence suggests that contact would be harmful. Justifying a no-contact request typically requires demonstrating that ongoing contact adversely affects the child’s well-being or your own. Instead, the court may award a child arrangements order specifying custody and visitation while addressing parental exchanges.
What potential legal consequences could I face if I deny the other parent access to our child during ongoing disputes?
Denying the other parent access to the child without a court order may lead to serious repercussions, including possible negative perceptions from the court in future proceedings. The court emphasizes the child's best interests, which usually includes allowing contact with both parents, barring safety issues. You could also face legal challenges from the other parent, who may pursue a child arrangements order to reinforce their right to access. It is critical to adhere to any existing arrangements and seek a court order if new arrangements are necessary.
