If one parent is preventing the other from having any contact with their children, the first step the prohibited parent can take is attempting to engage in mediation with the other parent.
This involves an impartial third party participating in discussions with both the parents to assist them in reaching an agreement for a fair contact arrangement. Mediation is recommended as a preferable way to settle children’s matters. This is largely due to the fact it is a cheaper and faster way to reach an agreement on contact in comparison to court proceedings.
Should mediation not be successful, the prohibited parent can make an application to the court for a Child Arrangements Order. The starting point for this application is submitting a C100 form to the court. The court will then review this application and start proceedings to determine whether contact should be allowed and if so, the terms of that contact. At the end of proceedings, the court’s decision will be laid out in a legally binding order. If contact is ordered and the other parent proceeds to continue preventing contact, the applicant parent can return to court to have the order re-enforced.
It must be noted that the C100 application requires the applicant to have attempted to engage in mediation with the other parent. If this has not been attempted by the applicant, the application to the court cannot be processed.
If you would like to discuss anything concerning the above information, contact us to book your initial consultation on 01245 493939 or email Family@gepp.co.uk
This is not legal advice; it is intended to provide information of general interest about current legal issues.
