Unfortunately, it simply isn’t possible for normal contact arrangements to continue over the holiday period.
This is because many of the venues that are used for contact sessions will close over Christmas. In addition, Family Support Workers/Contact Supervisors will not be at work, particularly on Bank Holidays.
Often parents will ask for contact arrangements to change. For example, they might ask for contact to be supervised by family members instead. Whether this is allowed or not will depend on the circumstances of each case.
When is contact permitted?
Contact will only be permitted if it is deemed safe. If your contact is supervised, it cannot be unsupervised just because it’s Christmas. Risk factors actually increase over Christmas due to the stresses that the holiday period can bring. Risk also increases due to an rise in alcohol consumption.
Under the 1989 Children Act the Local Authority has a duty to promote contact. It is important to note that when the court is asked to determine any question with respect to the child’s upbringing, ‘the child’s welfare shall be the court’s paramount consideration’.
In any court proceedings contact must be in the best interests of the child. It should not be harmful or detrimental to the child in any way. The child’s own wishes and feelings must be taken into account too, keeping in mind their age and degree of understanding.
Making contact arrangements...
Contact arrangements need to be a compromise. Of course, it is important for children to see their family at Christmas and there should not be a long period with no contact. However there are practical reasons why contact arrangements must change over Christmas.
Lots of families ask for additional contact. The Local Authorities have limited and finite resources available.
If a hearing is set between now and Christmas, the Court can be asked to look at the arrangements. Although it will be reluctant to do so. The Judge will expect parents and the Local Authority to agree the arrangements, with assistance from the Children’s Guardian if necessary.
The Court deals with an extremely high volume of at this time of year, which means that it is very unlikely a hearing will be listed simply to deal with this issue.
If you need any further advice about this issue, please do get in touch either by phone on 01332 364436 or via email j.taylor@timms-law.com. You can also find more information on similar topics on the Family page of website.
