contact – Children's Law Centre

If a child is in care, can they speak to their parents? When, how often, will it be supervised?

inico Admin — Fri, 03 Jul 2020 11:21:53 +0000

As long as it is practical and is in the interest of the child, a child should be able to contact their parents or any person who has parental responsibility, is a relative or a friend.

This contact should be direct and on a regular basis, unless it’s not in the child’s best interest.

Can a child stop being in care and move back in with their family?

inico Admin — Fri, 03 Jul 2020 11:21:10 +0000

A Care Order will last until a child turns 18. However, you can go to the court to ask for the judge to stop the order. Taking a child into care should normally be a temporary measure and should be stopped as soon as it is possible to do so.

The Court is responsible for making sure that they try to reunite children with their family and enable regular contact, as long as it is in the child’s best interest.

Can a child refuse family contact?

inico Admin — Fri, 03 Jul 2020 11:20:38 +0000

A social worker will try to allow a child to have contact with their family, as long as this is in their best interest. However, if contact with their family does not appear to be in their best interest, the authorities will try to find a fair balance. The child will be able to have a say about contact.

Can a child have contact with their siblings?

inico Admin — Fri, 03 Jul 2020 11:19:53 +0000

Under Article 9 of the UNCRC the Health and Social Care (HSC) Trust is required to try to maintain contact between a child and their siblings or keep siblings together, as long as this is practical and in their best interest.

Can a child have contact with anyone other than family?

inico Admin — Fri, 03 Jul 2020 11:19:05 +0000

Child have a right to have contact with anyone close to them, including their family, friends, neighbours or previous carers. This should be encouraged as long as it is practical or in the child’s best interest. If it’s not possible for the child to have contact, they should have access to information on the situation of their family members.

I am worried about the health risks of sending my child to contact with their other parent. How do I communicate that I wish to temporarily halt direct contact? (COVID-19)

inico Admin — Thu, 30 Apr 2020 14:11:49 +0000

If you have made the decision to stop direct contact, it is important that you inform your co-parent in writing via email, text message or some other means of communication.

If both parents cannot agree on a variation of the terms of the Order, but you feel that complying with the terms would be against advice from the NHS, you can decide to vary the arrangement to ensure the safety of your child.

Bear in mind that such a decision could be examined after the event by the Family Court, which expects the parent to have acted reasonably and according to current guidance. It will be expected that another form of indirect contact would be offered at this point.

If I have a Contact Order but am not being permitted contact during the COVID-19 pandemic, what can I do?

inico Admin — Thu, 30 Apr 2020 14:10:58 +0000

Technically, a parent with a Contact Order is at liberty to issue contempt proceedings if they are denied contact. In the current circumstances however, the Court may not be in a position to deal with the application and it might prove difficult to determine that the breach was not justifiable. Parents must act reasonably and sensibly. It is therefore important to consider whether face to face contact is in the best interests of the child or if contact would be more safely carried out via video calls for example.

What if my child/someone in my household qualifies as high risk during the COVID-19 pandemic?

inico Admin — Thu, 30 Apr 2020 13:37:33 +0000

If someone in your household qualifies as high risk (e.g. has an existing health condition, is pregnant or is over 65 years old), you could find other ways of maintaining contact, such as phone calls or video calls.

Can I still see my child during lockdown if we don’t live in the same household?

inico Admin — Thu, 30 Apr 2020 13:36:05 +0000

Children are permitted to move between parents’ houses for the purpose of contact. However, the guidance states that the decision to do this must be made carefully and after making “a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.”