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Father experienced child contact difficulties after separating from partner

01 November 2010

We represented a father who had separated from his partner with whom he had a 2 year old son. The father was anxious to obtain a routine of contact with his son because after his separation from the mother, his contact had been sporadic and dictated by her. There was even a period of time when the mother would not allow contact to take place. On behalf of the father, we wrote to the mother to outline our client’s proposals for contact. No response was received from the mother. We therefore made an application to the court for a Defined Contact Order on behalf of the father. At the First Directions hearing, both the mother and the father were able to reach an agreement in relation to the father’s contact. Further, the mother informed the father that she had placed her property on the market for sale and was moving a short distance away from the area with their son. A Defined Contact Order was made by the court which not only defined the father’s contact arrangements with his son at the time of the hearing, but also the arrangements which would take place when the mother moved away with the child. The agreement in relation to contact was contained within a legally binding court Order and the father therefore had recourse to the court should the mother renege on the contact arrangements.