Can I have contact with the child even though I am not the parent?

The modern family can often look different than the traditional vision some might have. With divorce statistics on the rise, it’s becoming increasingly common for people to remarry, so the possibility of becoming a stepparent/step-grandparent are increasingly higher. 

Many people can get involved in family life and the raising of a child including stepparents, grandparents, aunts/uncles, siblings etc. So, could any of those people have contact with the child following the unfortunate event of a separation?

What is a Child Arrangement Order?

A Child Arrangement Order is a court order made under Section 8 of the Children Act 1989. The purpose of the order is to clarify who the child/ren lives with, who they can have contact with, how often that contact is, what the plan looks like and any practicalities.

The process

Some families can agree on a plan around child contact both with the other parent and their extended family. Most children are also able to maintain good relationships with their extended family and others in their lives who are not their legal parents. 

However, this is not always the case. A separation or divorce can cause a strain between adults which can lead to disagreements and tension. This often results in the child not being able to spend as much time with extended family as they did previously or not seeing them at all. 

This is also the case for stepparents who have raised the child, but after separation aren’t able to spend time with them. 

If it isn’t possible for a family to agree contact with the child on their own, an application can be made for a Child Arrangements Order.

Who can apply for a child arrangement order?

Certain people are able to apply for a child arrangement order without getting permission from the courts. These include:

• The child’s parent, guardian, or special guardian
• The child’s stepparent or any other person with parental responsibility for the child
• Any named as a person who the child is to live with via an existing child arrangement order
• Any party to a marriage or civil partnership to whom the child is a child of the family
• Anyone with whom the child has lived with for 3 years or more
• Any person who has consent of each person with parental responsibility for the child or with consent from the local authorities if the child is in local authority care

If you do not fit into one of the categories of people listed above, this doesn’t necessarily mean that you won't be able to apply for a child arrangement order. It simply means that you have to apply for permission from the court first.

The Permission Stage

When considering whether to grant permission to apply for contact, the courts examine several key factors. These include your connection to the child, the nature of the application, and whether there might be any risk of disrupting the child's life. The court will want to see evidence of a meaningful and positive relationship with the child.

The court considers:

• The applicant's connection to the child and their reasons for seeking contact
• The potential benefits or disadvantages to the child
• The impact on the child's current family situation
• Any risk of disrupting the child's life
• The wishes and feelings of the child's parents and the child dependent on their age

Child Arrangements Orders

If permission is granted, the next stage involves applying for a Child Arrangements Order. These orders replace what were previously known as Contact and Residence Orders. They can specify various arrangements, including when and how often contact should occur, whether it should be supervised, and any other specific conditions.

The Welfare Principle

The paramount consideration in any decision about child contact is the welfare of the child. The court uses the 'welfare checklist' to assess what's in the child's best interests, considering:

The Child's Physical and Emotional Needs 

This includes stability, security, and the need for loving relationships with significant people in their lives. The court recognises that maintaining relationships with extended family members or other important figures can be beneficial for a child's emotional development.

The Child's Wishes and Feelings 

The weight given to the child's views depends on their age and understanding. Older children's preferences typically carry more weight, but this isn't the only factor considered.

The Effect of Any Change in Circumstances

The court considers how any proposed arrangements might affect the child's routine, education, and emotional well-being.

Even if you are not the child’s parent, it doesn’t mean that you are automatically not allowed to have any contact with the child. It also doesn’t mean that you can’t get a court order to ensure and regulate your contact with the child.[CB1] 

Types of Contact Arrangements

Contact arrangements can take various forms, depending on circumstances:

1. Direct Contact 

This involves face-to-face meetings and can include:

• Regular visits
• Overnight stays
• Holiday contact
• Special occasions like birthdays or religious festivals

1. Indirect Contact 

When direct contact isn't possible or appropriate, indirect contact might include:

• Regular phone or video calls
• Letters, emails, or cards
• Updates and photographs
• Social media communication (where age-appropriate)

Making Contact Work

Successful contact arrangements often depend on several key factors:

• Consistency and Reliability 

Maintain regular contact as agreed. If you can't make a scheduled visit, give plenty of notice and arrange an alternative.

• Clear Communication 

Keep all parties informed about arrangements and any changes. Address any concerns promptly and respectfully.

• Respect for Boundaries 

Understand and respect any conditions or limitations placed on contact. This includes respecting the parents' authority and any agreed guidelines.

• Focus on the Child 

Keep the child's needs and interests at the centre of all arrangements. Avoid involving them in adult conflicts or discussions about arrangements.

Special Considerations for Different Relationships

Grandparents: While grandparents don't have automatic rights to contact, courts generally recognise the potential value of grandparent-grandchild relationships. They often view applications from grandparents sympathetically, particularly where there's been a previous close relationship.

Step-parents: Step-parents who have played a significant role in a child's life may have a stronger case for maintaining contact, especially if they've lived with the child. However, this depends on factors such as the length and quality of the relationship.

Seeking Legal Support

When to Get Legal Advice

Consider seeking legal advice if:

• Initial attempts at agreement have failed
• There are complex family dynamics
• There are safeguarding concerns
• You need guidance on making a court application
• Existing arrangements have broken down

How can Hegarty Solicitors help?

It’s important to remember that every individual situation is different, so seeking legal advice is advised to ensure you get the best possible outcome. 

Our expert family law team are on hand to work with you to understand your rights for contact with the child and if necessary assist you in making an application to arrange a court order.