What is a Contact Order?
A Contact Order is a legal instruction made by the family court that sets out how and when a child should have contact with someone they do not live with. Most often, this involves a parent, but it can also apply to other family members such as grandparents or siblings. The main purpose of a Contact Order is to ensure that the child is able to maintain a relationship with important people in their life, even when parents or carers disagree about contact arrangements.
A Contact Order will specify the details of contact, including when, where, and how contact will take place. This can include face-to-face visits, overnight stays, phone calls, video chats, or other forms of communication. The court can tailor the order to suit the child’s needs and family circumstances, always focusing on what is in the child’s best interests.
Contact Orders are part of a wider set of legal arrangements known as a child arrangements order. This broader order can also cover where a child lives and who they spend time with. Contact Orders specifically address the aspect of contact, making sure it is safe, appropriate, and beneficial for the child.
When deciding whether to make a Contact Order, the court will consider several factors, such as the child’s wishes and feelings (depending on their age and understanding), their physical, emotional, and educational needs, and any potential risks to their welfare. The court’s guiding principle is always the child’s best interests.
If you are seeking a Contact Order, you will usually need to apply to the court using the relevant legal process. This is done under the Children Act 1989, Section 8, which sets out the rules for making arrangements about children when parents cannot agree. The application is made using a specific court form and may involve attending hearings where both sides can present their views.
Understanding how Contact Orders work can help you make informed decisions about your child’s future and ensure their needs are at the centre of any arrangements. If you want to learn more about related legal processes or how contact orders fit within the wider framework of child arrangements, explore our information on child arrangements orders.
Why is a Contact Order Needed?
When parents or carers separate, there are often disagreements about how much time a child should spend with each person. Sometimes, informal discussions or mediation can help families reach an agreement. However, when these conversations break down or there is ongoing conflict, it can be difficult to find a solution that works for everyone – especially for the child.
A Contact Order is needed in situations where parents or others with parental responsibility cannot agree on contact arrangements. This legal order, issued by the family court, sets out clear, enforceable rules about when and how a child sees or communicates with a particular person. The main aim is to prevent further disputes and provide stability for the child, ensuring that everyone involved knows what is expected.
Contact Orders are especially important in cases involving family breakdown, high levels of conflict, or concerns about a child’s wellbeing. For example, if one parent is being prevented from seeing their child without good reason, or if there are worries about the child’s safety during contact, a court can step in to make arrangements that protect the child’s interests.
The law in England and Wales states that the child’s welfare is the court’s paramount consideration. When deciding whether to make a Contact Order, judges use the “welfare checklist” set out in Section 1 of the Children Act 1989. This checklist includes factors such as the child’s wishes and feelings, their physical, emotional and educational needs, and any risk of harm. For more detail on how the courts approach these decisions, see this helpful guide on the welfare of the child.
By setting out specific arrangements – such as supervised visits, overnight stays, or indirect contact through letters or video calls – a Contact Order helps reduce uncertainty and conflict. It gives both the child and the adults involved a clear understanding of their rights and responsibilities. Importantly, if someone does not follow the terms of the order, the court can take steps to enforce it.
To learn more about what a Contact Order involves and the different types of contact it can include, visit the Contact Order page on childlawadvice.org.uk. This resource explains the legal process and what to expect if you need to apply for a Contact Order.
How Does the Court Decide on a Contact Order?
When parents or carers cannot agree on contact arrangements for a child, the court can step in to make a decision through a Contact Order. The court’s main role is to ensure that any arrangements made are in the best interests of the child, providing a safe, stable, and supportive environment.
The Court’s Decision-Making Process
The court follows a clear process when deciding whether to make a Contact Order and what the arrangements should be. This process is guided by the welfare principle, as set out in the Children Act 1989. This means the child’s welfare is the court’s paramount consideration. The judge will weigh up all relevant factors to decide what will best support the child’s well-being.
Factors the Court Considers
When making its decision, the court looks at a range of factors, including:
- The child’s wishes and feelings (depending on their age and understanding)
- The child’s physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child’s age, sex, background, and any characteristics the court thinks relevant
- Any harm the child has suffered or is at risk of suffering
- The capability of each parent or carer to meet the child’s needs
The court may also consider reports from social workers or other professionals, and sometimes appoint a guardian to represent the child’s interests.
Applying for a Contact Order
If you cannot reach an agreement with the other parent or carer, you can apply to the court for a Contact Order. This is usually part of the wider child arrangements order process, which covers not only contact but also where the child will live and other important decisions.
The process typically involves:
- Filing an application with the court – usually after attempting mediation unless an exemption applies.
- Attending a first hearing, where the judge may encourage further negotiation or set directions for the case.
- Further hearings, if needed, where evidence is presented and the court may order reports or assessments.
- A final hearing, where the judge makes a binding decision about contact arrangements.
Throughout this process, the court keeps the focus on the child’s welfare and aims to reach an outcome that promotes their stability and ongoing relationships with both parents, where it is safe and appropriate.
Supporting the Child’s Well-being
The court’s ultimate goal is to make arrangements that help the child feel secure and supported. This may involve regular visits, phone calls, or other forms of contact, tailored to the child’s needs and circumstances. If there are concerns about safety or well-being, the court can include specific conditions or safeguards in the order.
If you would like to understand how Contact Orders fit within the wider family law framework, see our guide to the child arrangements order process. For more on the legal principles that guide these decisions, you can read about the welfare principle in the Children Act 1989.
Types of Contact Covered by a Contact Order
When a court makes a Contact Order, it can set out a range of different ways in which a child may spend time or communicate with someone, usually a parent or other relative. The main types of contact a Contact Order can cover include:
Direct Contact
This is when the child spends time in person with the person named in the order. Direct contact can take place at the child’s home, the other parent’s home, or a neutral location such as a park or contact centre. The arrangements can be for regular visits, overnight stays, or even holidays, depending on what is in the child’s best interests.
Supervised Contact
Sometimes, the court may decide that contact should be supervised. This means another adult is present during visits to ensure the child’s safety and wellbeing. Supervised contact is often used if there are concerns about a parent’s behaviour, past incidents, or if the child has not seen the parent for a long time. The supervision can be provided by a trusted family member, a professional, or at a contact centre. The aim is to make sure contact happens in a safe, controlled environment.
Indirect Contact
Contact does not always have to be face-to-face. Indirect contact covers other ways of keeping in touch, such as:
- Telephone or video calls (for example, via Zoom or FaceTime)
- Letters, emails, or text messages
- Sending cards or gifts
Indirect contact can be especially important if direct contact is not possible or appropriate, for example, if the child lives far away or if there are ongoing safety concerns.
Flexible and Tailored Arrangements
Contact Orders are designed to be flexible and focus on what is best for the child. The court will consider the child’s age, wishes, and needs when deciding what type of contact is appropriate. Arrangements can be changed over time if circumstances change, and the court can include specific details in the order to make sure the arrangements work for everyone involved.
For more information about how Contact Orders work and the different types of family court orders, you can visit the Family court Orders page.
All Contact Orders are made under the legal framework of the Children Act 1989, which sets out the rules and principles courts must follow when deciding what arrangements are in the best interests of the child. Courts always put the child’s welfare first and will only make a Contact Order if it is necessary and beneficial for the child.
Relationship Between Contact Orders and Residence Orders
Understanding the relationship between Contact Orders and Residence Orders is essential for anyone involved in making arrangements for a child after a separation or divorce. While both orders are made under the Children Act 1989, they serve different but closely related purposes in ensuring a child’s welfare.
A Contact Order (now known as a Child Arrangements Order for new cases) is designed to set out the details of when and how a child will spend time with, or have contact with, a parent or other significant person they do not live with. This can include face-to-face visits, overnight stays, phone calls, or other forms of communication. Contact Orders are especially important when parents or carers cannot agree on the frequency or nature of contact, helping to ensure that the child maintains a meaningful relationship with both sides of the family.
In contrast, a child residence order determines where and with whom the child will live. This order is made when there is a disagreement about the child’s main home, providing clarity and stability for the child’s day-to-day life. The Residence Order can be granted to one parent, both parents jointly, or even to another relative or guardian, depending on what the court decides is in the child’s best interests.
It’s important to understand that having a Residence Order does not automatically grant exclusive rights to make decisions about contact. The parent or carer with whom the child does not live may still apply for a Contact Order to ensure ongoing involvement in the child’s life. In many cases, the court will consider both orders together to create a comprehensive arrangement that supports the child’s emotional and practical needs.
For example, if a child lives primarily with one parent under a Residence Order, the other parent may have set times each week for visits or overnight stays, as outlined in a Contact Order. Both orders work together to provide a clear, legally binding structure for the child’s care and relationships.
Understanding the distinction – and how the two orders can complement each other – can help parents and carers navigate the legal process more effectively and focus on what matters most: the welfare and stability of the child. If you are unsure which type of order is most appropriate for your situation, seeking legal advice or further information about each order can help you make informed decisions and avoid unnecessary conflict.
Changing or Ending a Contact Order
Changing or Ending a Contact Order
Sometimes, the arrangements set out in a Contact Order may no longer work for your family. Changes in circumstances – such as a parent moving, a child’s needs evolving, or concerns about safety – can mean the original order is no longer suitable. In these situations, it is possible to ask the court to change (vary) or end (discharge) the Contact Order.
How can a Contact Order be changed or ended?
If you and the other party agree on new arrangements, you may not need to return to court; you can simply follow the new agreement. However, if you cannot agree, or if you want the changes to be legally binding, you will need to apply to the court.
To do this, you must complete a formal application. The most common way is by using the C100 form, which is the standard application for orders under the Children Act 1989, Section 8. This form is used to apply for a new child arrangements order, or to vary or discharge an existing one. You will need to provide details about the current order, explain why you believe it should be changed or ended, and outline what new arrangements you are seeking.
What does the court consider when deciding on changes?
The court’s main priority is always the child’s welfare. Any decision to change or end a Contact Order must be based on what is in the best interests of the child. This means the court will consider factors such as:
- The child’s wishes and feelings (depending on their age and understanding)
- The child’s physical, emotional, and educational needs
- The likely effect of any change on the child
- Any risk of harm to the child
The court may also look at how well the parents or carers can meet the child’s needs, and whether the new arrangements will help the child maintain a positive relationship with both parents where safe and appropriate.
Practical advice and common questions
- Do I always need to go to court?
If both parties agree to the changes, you may not need a court order. However, if you want the changes to be enforceable, or if there is disagreement, applying to the court is necessary. - What if the situation is urgent?
If there are urgent concerns – such as risk to the child – you can ask the court for an urgent hearing when submitting your application. - Can the court refuse to change or end the order?
Yes. The court will only agree to change or end a Contact Order if it is satisfied that doing so is in the child’s best interests. - How long does the process take?
Timescales vary depending on the complexity of the case and whether both parties agree. Disputes or safeguarding concerns can make the process longer.
If you are considering changing or ending a Contact Order, it can be helpful to seek legal advice and ensure you understand the process and requirements. For more details on making an application, see the Children Act 1989, Section 8 guidance. For information about what the court means by the best interests of the child, you can read further here.
When Contact Orders Involve Child Protection Concerns
When Contact Orders Involve Child Protection Concerns
Sometimes, arranging contact between a child and a parent or carer is not straightforward, especially when there are concerns about the child’s safety. Issues such as domestic abuse, neglect, substance misuse, or emotional harm can raise serious child protection concerns. In these situations, the court must carefully balance the child’s right to maintain family relationships with the need to keep them safe from harm.
How the Court Prioritises Safety
When making or enforcing a Contact Order, the court’s primary focus is always the welfare and safety of the child. Judges will consider any evidence of risk, including reports from social services, police, or other professionals. If there is a history of domestic violence, the court may order supervised contact or, in some cases, decide that contact is not in the child’s best interests.
The Children Act 1989 is the main law that guides the court in these matters. It sets out that a child’s welfare is the court’s paramount consideration. For more details on how this law applies in situations involving child protection, see Children Act 1989.
Child Protection Plans and Safeguards
If social services believe a child is at risk of significant harm, they may place the child under a Child Protection Plan. This plan outlines specific steps to keep the child safe, such as supervised contact arrangements, support for the family, or even temporary removal from the home if necessary. The plan is reviewed regularly and involves professionals from health, education, and social care working together.
What Happens in Serious Cases
In the most serious situations, the court may decide to limit or stop contact altogether. If there are criminal proceedings relating to child protection, these are usually handled by the Crown Court, which has the authority to deal with complex and serious cases.
Practical Advice for Parents and Carers
- If you have concerns about your child’s safety during contact, inform your solicitor or social worker immediately.
- Gather any evidence of harm or risk, such as messages, reports, or witness statements.
- Be prepared for the court to order assessments or for social services to become involved.
- Remember, the court can change or end a Contact Order if new information about risk comes to light.
Contact Orders are designed to support a child’s relationship with their family, but this will never come at the expense of their safety. If you are facing child protection concerns as part of a Contact Order dispute, professional advice and robust safeguarding measures are essential.
Financial Support and Contact Arrangements
When making arrangements for a child after separation or divorce, it’s important to understand that contact with your child and financial support are two separate legal issues – though they often go hand in hand. A Contact Order sets out when and how a child spends time with each parent or carer, but it does not automatically determine who pays for the child’s everyday needs, such as housing, food, clothing, or education.
Financial support for children, sometimes called child maintenance, is a legal responsibility. Even if parents disagree about contact, both are expected to contribute to the costs of raising their child. The rules around financial support are set out in legislation such as the Child Support Act 1991 and the Children Act 1989. These laws ensure that both parents remain financially responsible for their children, regardless of who the child lives with or how often contact takes place.
It’s common for questions about contact arrangements to arise alongside concerns about finances. For example, one parent might worry that agreeing to more contact could affect the amount of child maintenance paid or received. However, the law treats these issues separately: having or lacking contact with a child does not remove the obligation to provide financial support.
Understanding your options for financial support for children can help reduce stress and ensure that your child’s needs are met. This includes knowing how maintenance is calculated, what to do if payments are missed, and where to get help if you can’t reach an agreement.
Ultimately, both contact and financial support play a crucial role in your child’s well-being. By addressing both issues thoughtfully and separately, parents can help provide stability and security for their child during what can be a challenging time. If you’re unsure about your rights or responsibilities, it’s always a good idea to seek guidance or review the relevant laws, such as the Child Support Act 1991 and the Children Act 1989, to make informed decisions.
Additional Resources and Related Topics
If you would like to explore related topics or gain a broader understanding of the legal framework surrounding contact with children, there are several helpful resources available.
To start, it’s useful to understand how child arrangements work as a whole. Child arrangements cover not just contact but also where a child lives (residence) and how decisions about their upbringing are made. This overview can help clarify how contact orders fit within the wider picture of family law and what other options might be available if parents or carers cannot agree.
For a more detailed look at the legal process, you may want to read about a child arrangements order. This type of order can set out who a child lives with, spends time with, or has contact with, and is often used when parents separate or disagree about arrangements. Understanding the differences and similarities between contact orders and child arrangements orders can help you decide which approach is best for your situation.
If you are particularly interested in residence issues – such as where a child will live – you might find it helpful to review real-life examples and case law. The case of Residence Orders (Re G (Residence: Restriction on Further Applications) [2008] EWCA Civ 1468) offers practical insight into how the courts handle residence disputes and the restrictions that may be placed on further applications. This can be especially useful if you are considering making or responding to an application regarding a child’s living arrangements.
Exploring these topics can give you a clearer picture of your rights and responsibilities, as well as the legal options available for ensuring the best interests of your child are met. If you are unsure about your specific situation, seeking legal advice or further information from these resources can provide valuable guidance.
