Contact Dispute Resolution
The client has a 7-year-old grandson residing in England whose father holds parental responsibility. Following a dispute, the father is denying the mother contact with the child. The client is concerned about the emotional impact on the child, who is understandably upset by the situation. The client is seeking guidance on how to address the issue of denied contact.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take if the father is denying contact despite having parental responsibility?
You can initiate mediation to attempt resolving the contact issue amicably. Mediation is a less adversarial setting where both parties can discuss arrangements with the help of a neutral third party. If mediation is unsuccessful or deemed inappropriate, you may apply for a Child Arrangements Order through the Family Court. This order can formalise contact arrangements and is binding. It's crucial to show that you prioritise your grandson's welfare throughout this process. You may want to consult with a family law solicitor to guide you through these proceedings.
How can we ensure the best interests of my grandson are considered in this situation?
The court considers factors outlined in the Welfare Checklist under the Children Act 1989, which includes the child's emotional and educational needs, any potential harm, and the capability of both parents to meet those needs. Maintaining a routine and fostering a supportive environment are crucial. Communication with the father to reach an amicable agreement focusing on the child's well-being is beneficial. If needed, involving a mediator can facilitate discussions.
What legal options are available to enforce contact arrangements?
To enforce contact arrangements, you may apply for a Child Arrangements Order through the family court. If an existing order is breached, you might consider filing for enforcement, allowing the court to impose measures such as a defined contact schedule or a warning notice. It’s essential to prioritise your grandson's best interests throughout this process.
Is it possible to modify the current parental responsibility agreement, and what would that process involve?
To modify the current parental responsibility agreement, an application can be made to the Family Court for a Child Arrangements Order, submitting Form C100. In cases involving domestic violence or urgency, a C1A or C1 form may be necessary. The court will consider the best interests of the child and ensure both parents can fulfil their parental roles.
What evidence or documentation should we gather to support our case for ensuring contact?
To support your case, gather evidence such as:
- Documentation of previous contact arrangements.
- Records of communication attempts with the father showing attempts to arrange contact.
- Notes on incidents when contact was denied.
- Statements from witnesses attesting to the relationship between the child and the mother.
- Evidence of the child's routine and impacts on well-being due to denied contact.
