What is legal contact with regards to a child?

While we were researching and writing this website we realised not many people knew what the law said about parent(s) or any person who has parental responsibility for the child and child contact. What does contact between parent and child exactly mean and what rights does each party have with regards to contact?  

LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY

WHAT IS THE LEGAL DEFINITION OF PARENT AND CHILD CONTACT?

Contact is the legal right of a child to spend time and interact with their parent(s) or any person who has parental responsibility for them. It is not the legal right of the parent to spend time with their child.

Contact is also the word used when parents separate/divorce and ‘contact’ arrangements need to be sorted out between the child and the non-resident parent (the parent that is not living day to day with the child).   

Contact should only be possible with a parent or any other individual if the child is safe and it is in the best interest of the child.

WHEN PARENTS SEPARATE WHAT IS A RESIDENT AND NON-RESIDENT PARENT?

The parent the child lives with for the majority of the time during the week is called the resident parent. Another name for a resident parent is custodial parent.

A non-resident parent is the parent that moves out of the family home and starts to live elsewhere. They do not live with the child. Another name for a non-resident parent is non-custodial parent or absent parent. 

WHAT TYPES OF CONTACT ARE THERE THAT A COURT CAN ORDER?

What is direct contact?

Direct contact means that a parent can see their child in person (it is face to face contact). Direct contact can be supervised or unsupervised depending upon what the court has ordered. 

What is visiting contact?

This is a type of direct contact where a child is taken to visit the non-resident parent at their home, at a family members home or in a contact centre.

What is staying contact?

This is a type of direct contact where a child can stay overnight with the non-resident parent.

What is supervised contact?

This is a form of direct contact where the contact between child and parent or person with parental responsibility is in a contact centre and it is monitored.

What is escorted contact?

This is a form of direct contact where the child and parent or person with parental responsibility can meet supervised outside of the contact centre.

What is indirect contact?

Indirect contact is when a parent cannot see their child in person. Forms of indirect contact are letters, emails, social media, and phone.

What is interim contact?

Interim contact is the type of contact a family court will allow between a child and a parent or person with parental responsibility during the court proceedings until a final court order and decision is made.

SHOULD BOTH PARENTS ENCOURAGE THEIR CHILD’S CONTACT WITH EACH PARENT?

Yes they should. The resident parent should make arrangements and oversee their child’s contact with the non-resident parent. 

WHAT HAPPENS IF THE RESIDENT PARENT IS NOT SUPPORTING CONTACT BETWEEN THEIR CHILD AND THE NON-RESIDENT?

The non-resident parent must first try and reach an agreement with the resident parent. If this fails then the non-resident parent must ask for mediation. If an agreement cannot be reached between the resident and non-resident parent after mediation then the non-resident parent can make an application to their local family court for child arrangements/child contact.

LINK TO OUR L.I.P HELP GUIDE FOR MEDIATION 

LINK TO FINDING YOUR LOCAL FAMILY COURT

LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENTS

LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS AND COURT ORDERS EXPLAINED – Contact Order