When a relationship ends, decisions will need to be made about arrangements for the child, such as where they will live, who with, and the amount of time they should spend with the other parent. This article explains the law on child arrangements and whether a court can force a child to have contact with their parent.
When a relationship ends, decisions will need to be made about arrangements for the child, such as where they will live, who with, and the amount of time they should spend with the other parent. This article explains the law on child arrangements and whether a court can force a child to have contact with their parent.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
Who can have contact with a child?
UK law views contact as a right of the child rather than the parent; therefore, parents do not have an automatic right to contact. That said, the court expects, where parents have separated, the non-resident parent is given a reasonable amount of time to spend with their children. Contact should also be extended to wider family members, such as grandparents, aunts, uncles, or siblings. However, if contact cannot be agreed, this group of people must first apply to the court for permission to make the substantive application.
Can the court force my child to see me?
It is extremely unlikely that a court would force a child to attend contact, as doing so may not necessarily be deemed in the child’s best interests. In these types of cases, where a child is refusing to attend contact, then it would be up to the non-resident parent to make an application, either to vary an existing order, or for a child arrangements order if none was in place.
The court would likely need to obtain the advice and guidance of outside agencies, such as CAFCASS or social workers, and in serious cases, a guardian may be appointed. These parties will identify the issues and see whether contact can be made easier for the child.
Before leaping into court proceedings, your starting point for encouraging a child to attend contact should be:
- Speaking with the other parent and explaining the problems
- Engaging a family expert, if possible, and you consider it would be beneficial
- Identify support you could draw on to assist both parents in co-parenting
- Explore all alternatives to court proceedings, such as mediation or family counselling
- Continue to encourage the child with positive reinforcement and do your best to promote the non-resident parent positively despite your own feelings towards them.
If your ex is refusing to make your child available for contact, if you have an order, then you can apply for enforcement proceedings (see below for more details).
Can my ex refuse court ordered contact?
If there is a court order in place, if a parent does not make the child available for contact in line with the terms of the order, it could amount to a contempt of court. If the child refuses to attend, or there are other reasons for refusal, an application should be made for the existing order to be varied.
What can I do if my ex doesn’t comply with the court order?
Court orders are legally binding, so failure to comply is a serious matter. To apply to enforce a child arrangements order, you must be the person named as having contact in the order. You must also meet the following criteria:
- A warning notice must be attached to the order which sets out the consequences of failure to comply with its terms. The child arrangements order must contain this notice if the court is to make an enforcement order.
- The person named in the order has to have broken or not adhered to the order in some way without having a reasonable excuse.
In deciding whether to make an enforcement order, the court must be satisfied that it is necessary and proportionate to the seriousness and frequency of the refusal of contact.
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