Until the child is 16, or 18 in exceptional circumstances and where stated in the court order. If you move back in with your ex-partner (the resident parent), any contact order will cease after a period of 6 months of your living together.

Who can apply for a Contact Order? <Back to Top>

Any parent or guardian of the children can apply for a Contact Order.

People who meet any of the following criteria also have the automatic right to apply for contact with your children.

1. any party to a marriage where the children were a part of their family.

2. if they lived with the children for at least three years within the last five years, and their application to the Court is made within three months of the children no longer living with them.

3. if there is a Residence Order in force, and they have the consent of the person with whom the children legally reside.

4. if the children are in Local Authority care and they have the consent of the Local Authority.

5. if they have the consent of each person who holds Parental Responsibility for the children.

For people who don’t meet these criteria, when reaching the decision to grant permission, the Court will consider the merits of their application, their connection with your children and whether granting a Contact Order would cause harm to the children.

It is worth noting that your children could also ask the Court’s permission to make a Contact Order although the Court must be satisfied that they have sufficient understanding to make such a request.

Are the Courts likely to refuse an application for a Contact Order? <Back to Top>

No. In practice, less than 1% of applications to the Court for Contact Orders are refused.

What are the different types of contact that can be specified in a Court Order? <Back to Top>

There are two types of contact, direct and indirect. Direct contact includes staying contact (overnight), visiting contact or supervised contact (in a contact centre or with a third party present). Indirect contact includes contact by phone and via correspondence.

Will the Contact Order specify the times that the children see me? <Back to Top>

Not necessarily. Contact Orders can be general, in terms of just reminding the resident parent of their responsibility to “make the child available for contact”, or specific, to the extent of specifying dates and times that you can see your children.

When are Contact Orders usually made? <Back to Top>

The Court will consider making a Contact Order when parents are unable to agree on either the principle of contact, or the practical arrangements and times for contact to take place.

As a non-resident (contact) parent, is there anything else that I should be aware of? <Back to Top>

Yes. If there is a Residence Order in force, you cannot take your children abroad or change their names unless you have the Court’s permission or the permission of each person with parental responsibility for the children.

If you plan to take your children on holidays abroad, and believe your ex-partner may not agree to your doing so, have your solicitor ask the Judge to give you permission in order to prevent the expense and inconvenience of a return to Court in the future.

I want to be the Resident Parent, why do I need to know about Contact Orders? <Back to Top>

If your children are living with your ex-partner while you apply for Residence, and you are unhappy with the amount of contact you have with your children during this time, you could consider asking the Court to make an interim Contact Order. This ensures you see them regularly in the time leading up to the Final Hearing.

If you are the resident parent, you can also apply to the Court for a Contact Order to regulate the amount and nature of contact that your children have with your ex-partner.

Does the non-resident parent have to see their children if they are named in a Contact Order? <Back to Top>

No. A Contact Order doesn’t compel a non-resident parent to see their children, but places a responsibility on the resident parent to make the children available.

What form would I use, to apply to the courts for a Contact Order? <Back to Top>

You would use Form C100.

Applying to court <Back to Top>

If you are using a solicitor, they will do this for you. Otherwise, download and complete the Form C100. Print and sign three copies of the form.

Check how much the court fees are, and either take a cheque, postal order or cash for that amount when you go to your local family court.

It will assist both you and the judge if you write a brief ‘Position Statement’. Try to keep the position statement to two to three pages, setting out briefly why you are applying for contact, and why you believe it to be in the children’s best interests. Be factual, and try to be objective in what you write, and the language you use.

A position statement is not essential, but it helps inform the judge, briefly and ideally succinctly, why you are applying for the order, and can assist you in court so you do not forget any points you wish to raise.

Before setting off for the court building, ensure you have with you:

a] Three completed and signed copies of the forms;

b] The cash, cheque or postal order to pay the court fee;

c] Three copies of your Position Statement.

Hand in the court forms, fee and position statement to the court’s administration department.

Finding your local family court <Back to Top>

You can use HMCS Court Finder to do this. Once on that website, enter in your region under ‘Court Region Search’. Then make sure that ‘Court Work Type Search’ is set to ‘Family Work’. Then search under ‘Court Type’ and do a search first on ‘Combined Crown and County Court’, then ‘County and Magistrates Court’, and then ‘County Court and District Registry’. Choose the court which is closest to where you or your children live and print the details.

Support <Back to Top>

The Custody Minefield offers support forums where you can ask our team of experienced support staff questions about family law, the courts and separation. Collectively, we have answered more than 10,000 posts on other family law related support forums. Visit our Support Forum Page on The Custody Minefield website to find out how to register.

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