At family court, disagreements over contact are common. Representing yourself can be made easier by accepting, every child has the right to a relationship with both parents—so long as it doesn’t bring them harm. It isn’t about what’s best for you or what’s best for your ex. As difficult as it may be, a contact case can only be about what is best for your child
The child’s right to contact
The important thing to remember as a Litigant, is that the court will definitely expect some form of contact between a child and their non-resident parent. Contact can range from phone calls and letters to face-to-face visits and overnight stays. The scope for facilitating contact is vast and the type and frequency should depend on what is practical and what will be best for the child.
There is no entitlement to 50% of a child’s time.
Children are not a possession and a parent has no automatic right to contact that would negatively impact a child’s welfare, needs or human rights. However, it’s worth noting that even in cases where concerns are raised, there is always the option of supervised contact arrangements. It is extremely rare for the court to accept that there should be no contact between a child and their non-resident parent.
Contact – be prepared!
I’ve learnt from my own experience that negotiation and compromise are essential when representing yourself in a contact case. Answer the following questions to help get your case ready to present to the magistrates:
- Why can you and your ex not agree on the contact arrangements for your child?
- Do your disputes come from emotion or valid reasoning?
- Do you have any concerns regarding contact?
- What is your proposal for the type and frequency of contact?
- Are you being fair?
- Why is your proposal in the best interests of your child?
For you as a Litigant, an argument concentrated only on what you think is best for your child will hold more weight than one that aims to withhold contact or discredit the ex.
What do you think? Leave a comment and help empower other mothers representing themselves at family court. Check out Emotion & Reason – 5 Steps to Creating a Balanced Argument for more advice on getting your case ready for the magistrates.
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