Contact – how to get it?

Jo Spain, family law solicitor

If you've tried and failed to agree contact, then it may be time to see a Solicitor.  Your Solicitor will suggest writing to your ex-partner and making proposals for contact.  Hopefully they will then appoint their own Solicitor and you can negotiate matters successfully between you.

Sadly sometimes it is not possible to reach an agreement and your only option may be to apply to the County Court.

The Court will ask you and your ex-partner to go to a first hearing called a Directions Appointment. You will see a welfare officer (called a CAFCASS Officer) beforehand to see if an agreement can be reached. If not then the Judge will usually order that you both prepare statements and that the CAFCASS officer prepares a report.  A final hearing date will also be decided.

Sometimes interim contact is agreed or ordered at this hearing.

The CAFCASS officer will come and see both of you  individually, if possible with the children.  The officer will then write a report which will make recommendations for future contact.

Usually the Judge follows these recommendations at the final hearing so beforehand both Solicitors will try to reach an agreement based on the report.  A Consent Order is then prepared and sent to Court and the Court date may be cancelled. If an agreement can't be reached then you will both have to attend the final hearing and give evidence and the Judge will make a decision.

First Published in Kings Hill Directory in November 2006