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Contact Order

When parents are separated or divorced, and cannot agree between themselves on arrangements for the person not living with the children to have contact with them, an Application may have to be made to the Court for a Contact Order. The Contact Order will specify the amount and type of contact that the resident parent must allow the non-resident parent .

There is a strong presumption that contact with both parents is in a child's best interest and in the absence of exceptional circumstances the court will make a Contact Order to ensure that contact takes place The Contact Order can include conditions specifying where and how often contact should take place. It may also specify the type of contact, for example,staying contact, visiting, telephoning or writing letters.

A Contact Order can also be made to allow contact between the child and, other relatives or friends such as grandparents. The leave of the Court must however be obtained before non-parents can apply for a Contact Order

Non Compliance with a Contact Order.
Where a mother constantly obstructs contact the Court may attach a Penal Notice to the Contact Order which will warn her that non-compliance with an Order of the Court may result in imprisonment. Where there is evidence that a mother could ignore a Contact Order. a father should consider whether it is in the child's best interest for him to seek a Residence Order with generous Contact to the mother.

Residence order

Residence (previously Custody) is where a child will live for most of his or her time. Where parents cannot agree on where a child's Residence the Court can decide matters and make a Residence Order in favour of one or other of the parents.

When a Residence Order is made, the child will live with that parent, and usually a Contact Order will be made at the same time to set out the contact arrangements with the other parent. Joint Residence Orders can be made and will specify how much time the child will live with each parent.

Residence Orders are not restricted to a child’s parents and applications for Residence Orders can be made by grandparents or relatives although the leave of the Court must first be obtained.

Residence Orders can also be made in favour of more than one person and thus a father and a stepmother can jointly apply for a Residence Order.

A child’s opinion about where they want to live is likely to be a consideration of the Court when asked to make a Residence Order-especially if the child is old enough to have full understanding-but will not be conclusive as it is for the Court to decide what is in the child’s best interest.
When parents are able to agree on Residence and with whom their child should live, a Residence order will not usually be made. This is in accordance with the 'no order' presumption within the Children Act that no Order is made where there is agreement between parents. It is not possible therefore on divorce to include in a 'consent' order what will be with a child's residence.

 The parent with a Residence Order will make the general day to day decisions concerning the upbringing of the child. These should be exercised without interference from the non-resident parent. The decisions will include decisions concerning how the household will function and the child’s daily routine. If the other parent has Parental Responsibility, he or she is entitled to have a say in the major decisions concerning the upbringing of the child, such as the school to be attended and medical care