The Different Types of Contact Orders

What is a contact order?

A contact order is a court order that sets out arrangements for a child to spend time with a parent or other family member they don't live with. These orders existed under the Children Act 1989 but were replaced by child arrangements orders in 2014. The term contact order no longer has legal standing, though some people still use it informally.

Child arrangements orders cover who the child should have contact with, how often that contact should happen, and what form it should take. They are most commonly made following separation or divorce, but grandparents, siblings, or other relatives who want to maintain a relationship with a child can also apply. The court will always treat the child's welfare as the main concern when deciding what arrangements to put in place.

An order might be quite general, simply stating that contact should take place at reasonable times agreed between the parties. Alternatively, it can be highly specific, setting out exact days, times, and locations. The level of detail often depends on how well the parents are able to communicate and cooperate with each other.

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Direct and indirect contact

Direct contact means the child spends time face to face with the other parent or family member. This is the most common type of contact and can take several forms depending on the circumstances.

Staying contact allows the child to stay overnight with the non-resident parent. This might be every other weekend, part of the school holidays, or another pattern that suits the family. Staying contact helps maintain a close relationship and gives the child a sense of belonging in both homes.

Visiting contact means the child spends time with the parent during the day but returns to their main home in the evening. This arrangement is sometimes used when a child is very young, when the parent does not have suitable overnight accommodation, or as a stepping stone towards staying contact.

Supervised contact may be ordered when there are concerns about a child's safety or wellbeing. The supervisor could be a trusted relative, a social worker, or a professional at a contact centre. Contact centres are neutral venues run by organisations such as the National Association of Child Contact Centres. They provide a safe space for children to see a parent when unsupervised contact is not yet appropriate. Supervised contact is often a temporary measure, and the court may review arrangements after a period of time.

Indirect contact does not involve the child and parent meeting in person. Instead, they keep in touch through phone calls, video calls, letters, cards, emails, or text messages. This type of contact may be appropriate when the non-resident parent lives far away and regular face to face meetings are not practical. Video calling can help maintain a relationship despite the distance.

Indirect contact is also used when there are serious concerns about a parent's behaviour. If there is a history of domestic abuse or substance misuse, the court may decide that direct contact poses too great a risk. In these cases, indirect contact allows some form of relationship to continue while keeping the child safe. The court can specify the type and frequency, such as phone calls twice a week at agreed times or cards sent on birthdays and at Christmas.

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How the court decides on contact arrangements

When making any decision about contact, the court uses the welfare checklist set out in the Children Act 1989. This includes considering the child's physical, emotional, and educational needs, the likely effect of any change in circumstances, and any harm the child has suffered or is at risk of suffering.

The court will also consider the child's own wishes and feelings, particularly as they get older. A teenager's views will usually carry more weight than those of a younger child, though the court is not bound to follow them.

Courts generally consider that contact with both parents benefits children, but this is not a presumption that overrides safety concerns. If there is evidence that contact would put the child at risk, the court can limit or refuse it entirely. Each case is assessed on its own facts.

If circumstances change after an order is made, either parent can apply to vary the arrangements. This might be necessary if work schedules shift, someone relocates, or the child's needs develop as they grow older.

Applying for an order and enforcement

Before applying to court, you will usually need to attend a Mediation Information and Assessment Meeting to see whether disputes can be resolved without a hearing. Legal aid may be available for mediation if you meet income eligibility requirements and can provide evidence of domestic abuse or risk of harm.

If one parent breaches a child arrangements order by preventing contact or failing to return a child, the other parent can apply to the court for enforcement. The court has various powers, including imposing unpaid work requirements or, in serious cases, transferring residence of the child. Repeated breaches can result in contempt of court proceedings.

For current information on applying for a child arrangements order, including court fees and forms, check the GOV.UK website. Citizens Advice can also provide guidance on family law matters and help you understand your options.

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