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I am looking to apply for a contact order as my ex partner has stopped all access. I have heard a rumor that when you are granted a contact order that all contact is within a contact center and that I have to have another court hearing to put the access in place i.e. set days and times, is this correct? Can I not take my child home? I thought a contact order was to set days and times?
I have been told that a court order is simply to allow you to see your child until you have had to court case to set the days and times. Also I have been told that I will be assessed with my child to see if I am a suitable parent even if there is no findings that my child is at risk. Is this correct? I do not want to put my child through being assessed with me so it is putting me off applying for this order.
Hi and welcome
Every case is determined on it's merits, and a contact centre is only normally used if there are any welfare issues regarding children, though if your ex claims that there are, then the court may be prudent and order contact at a contact centre until they can determine the issues more clearly. Simply put though, if your ex has stopped all access, then contact at a contact centre is better than none at all, and being assessed isn't anything to be worried about.
Hi There,
As actd has said each case is very different so there really is no norm when it comes to contact orders.
The judge has to be carful so if your ex claims you could be a threat (no matter how much of a lie) they have to act on this so may impose contact at a centre rather than free access, When you go to court the first hearing will generally be a fact finding hearing where they can hear from both yopurself and your ex in person and they will question you both on the reasons for contact stopping and what you would like to happen going forward.
They will then almost certainly put an interim order in place re starting contact as this is there main concern (your child seeing you) this as said may be at a centre or un restricted access depending on what your ex says.
You may be asked to attend a perant information course (both of you seperately) and possibly mediation before returning for the next hearing.
Darren
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