We get lots of questions about what to do when a former partner breaches contact arrangement rules. In some cases, people have found that the other parent won’t co-operate, or is late or doesn’t show up. But, of course, every case is different and the circumstances that lead a parent to breach contact arrangements change from person to person. Here, Charlotte Sherborne, an Associate at Hugh James Solicitors who specialises in family law, explains what happens if a former partner breaches contact order arrangements: One of the most difficult parts of separation for parents is agreeing on contact arrangements for the children. If an amicable arrangement can’t be achieved, many parents can then choose to go through mediation or, as a last resort, issue Children Act proceedings to ask a court to decide what should happen. Sadly, for some parents this is not the end of the story.Having obtained a court order, many parents find their former partner breaches the order, leaving them once again being denied contact with their children. What can you do if a court order is breached? If there are regular and intentional breaches of an order by a former partner then it may be necessary to bring the matter back to court and to bring enforcement proceedings. However, this should be a last resort as it only causes more friction and expense.Depending on the case and the nature of the breaches involved, the court has the power to order community service or a fine, and, in cases of the most serious and repeated breaches, a court can have the power to issue a prison sentence, although this is very rare indeed as often the parent breaching the order is also the children’s primary carer. So, what is the best approach to take? Try to sort things out amicably, get a proper understanding of your rights, manage your expectations and constantly review your child’s circumstances. This will result in the least amount of conflict. It also gives you the flexibility and goodwill that is very hard to achieve if you go through the court process.  Charlotte qualified as a solicitor in 2003. Throughout her career Charlotte has worked and practised law in London, most recently at the leading niche firm Family Law in Partnership LLP. She now works at Hugh James where she specialises in Family Law, Divorce and separation, Pre-nuptials and living together.

The Dispatches programme Sharing Mum and Dad provoked a lively Twitter debate among our followers including mums, dads and legal experts. The programme saw presenter Tim Lovejoy, who is divorced with two children, try to unpick the practicalities and legal complexities of shared parenting. If controversial Government proposals go ahead, a new clause will be inserted into the Children’s Act 1989 which states: …to presume that a child’s welfare will be furthered by the involvement of each of the child’s parents in his or her life, unless it can be shown that such involvement would not in fact further the child’s welfare. The Dispatches programme was an important one in that it brought a debate that had only been happening among academics, legal experts and professionals to a much wider audience. With one in three UK children experiencing family breakdown, the programme posed the crucial question: are we doing enough?  However, it set itself a tough challenge in trying to explore both the concept of shared parenting and asking if current legislation is working in just thirty minutes. The programme explained shared parenting as being the ‘alternative’ to one parent (usually the mother) being awarded sole responsibility by the courts, which ignores important aspects of the debate. The term ‘shared parenting’ can be problematic, particularly if parents interpret it to mean that they ‘get a share’ of the child. Splitting a child’s time 50/50 often places a huge amount of stress on their shoulders as it’s very hard to live in two homes and manage the practicalities of friends, school, etc. Often it is easier for a child – especially a very young child – to have their main home in one place. It is the court’s duty to do what is in the best interests of the child. While the quality of the parent-child relationship requires regular contact, equal access to both parents is always practical or in the child’s best interests – despite what parents feel. Parents should share responsibility for their children but that requires ex-partners, who are often hurt and angry, to look beyond their own needs and feelings and communicate well with each other. Separated parents need to co-operate and establish a new type of relationship with each other, focused on what is best for their children rather than themselves.

Children benefit from being in regular contact with their non-resident parents but the frequency and quality of this contact can decline over time. A research paper published by The Ministry of Justice looked into the how a child's wellbeing is affected by the relationship they have with the parent they don’t live with. The report (pdf) also looked at the courts’ involvement in settling contact and financial arrangements and the impact these can have on a child’s outcomes as they grow up. The study followed a group of children whose parents had separated by the time they were seven years old. It looked at levels of court involvement in parental separation, and the frequency and quality of the contact between the children and the non-resident parents. Researchers then looked at outcomes for children when they were aged eleven, paying particular attention to: Subjective wellbeing (children’s moods and emotions). Antisocial behaviours, like drinking, smoking, or breaking the law. Social and behavioural problems. How good they were at making decisions around risky behaviour. Contact declines over time According to the report, the level of contact between children and their non-resident parents tends to decline over time, in terms of both frequency and quality. Among children of separated parents, the ones that had the best outcomes at age eleven were those who had had the most contact with their non-resident parents. This can be harder to manage if you’re struggling financially, but it’s important to try and maintain regular quality time together. Even after a separation, you and your ex-partner continue to have a relationship as co-parents, so it’s really important to look after this relationship in as supportive a way as possible. Put your children first and, wherever safe, try to ensure they spend time with both parents. If you’re a non-resident parent and you feel like you don’t get enough time with your children, there are a few helpful things you can work on: Try to resolve your differences with your ex-partner, using external support like mediation where necessary. If you can’t resolve your differences, try to keep your disputes and conflict away from the children. Draw up a parenting plan. Stick to the agreed arrangements, particularly if these have been agreed by the courts. Use the time you do have together to work on developing a bond with your child. You may not love your child’s other parent anymore – you may even resent them or be angry with them – but maintaining contact can protect your child against the negative effects of separation. It might be necessary to set your own feelings aside, at least in the beginning.

If you and the mother of your child have separated, you might be worried about what time you’ll get to spend with your child. If the relationship between you and your ex is volatile, you might not be able to hold a conversation long enough to discuss joint childcare arrangements. Why do I feel scared about this? There a few reasons you might feel this way: If you’ve recently separated, emotions will be running high and everything can be quite intense. It’s common to be overwhelmed, and this could be affecting your worldview. You may have heard stories of other dads not getting the chance to play a part in their children’s lives after a separation. 13% of non-resident fathers say they have no contact and never see their child [1], and this is a frightening statistic for expectant dads contemplating a separation. You might worry that you don’t have as many legal rights as your partner, or that they will move on with someone new who could take on a parenting role with your child. How can I help the situation? If your partner is angry and doesn’t want anything to do with you, first let the dust settle. Give her with space, and respect the decisions she makes for your child. The law will always favour your child’s needs, so the best thing you can do is demonstrate that you will be a positive influence in your child’s life. When the time is right, you could talk with her about doing a parenting plan, to make decisions and plans while focusing on the best arrangements for the baby. Research suggests that even though regular face-to-face meetings are most ideal, frequent contact by phone or email can make up for distance from your child [2]. Although this kind of contact may not be ideal, it should enable you to maintain your parent-child bond. This is particularly good news if you live in a different location to your partner and your child. If your partner ends up blocking you from seeing your child, then you may need to go down the legal route. While the courts recognise the importance of the mother in the very early years, there is no gender bias. Researchers from the University of Warwick found that fathers applying for child contact had been “overwhelmingly successful” and that dads fared just as well as mums when making contact applications [3].  References [1] Eloise Poole. (2013). What do we know about non-resident fathers? Retrieved from Modern Fatherhood: www.modernfatherhood.org/wp-content/uploads/2013/11/Briefing-paper-Non-resident-fathers.pdf [2] McGene, J. and King, V. (2012) Implications of New Marriages and Children for Coparenting in Nonresident Father Families. Journal of Family Issues, 33(12), 1619–41. [3] Warwick University (2015). Study finds English and Welsh family courts not discriminating against fathers. Retrieved from: http://www2.warwick.ac.uk/newsandevents/pressreleases/study_finds_english/

However well you are managing the week-to-week parenting arrangements with your ex-partner, the school holidays may present new challenges. If you have the children most of the time, you might be looking forward to having a break from the routine, and getting some fun time together with the children (and possibly  some ‘me time’ without them!). If you are the non-resident parent, you may have mixed feelings. You may be excited about  treating your children, and spending a bit longer together, but also anxious about potential conflict with your ex-partner. If you can work out the arrangements well in advance, you should have an easier time of it. As parents, you can both make plans, and the children will know what to expect and look forward to. However, it isn’t always easy. Planning the holidays can often lead to arguments about time, costs, and who needs a holiday most. It can also bring out the competitive nature of ex-partners. While you might feel that you have good reason to fight for your case, conflict can often leave children trapped in the middle. So, how do you keep things respectful and ensure that your children get to spend quality time with both of you? Here are a few suggestions for happier holidays Talk with your children before making any firm plans. Don’t use your children as messengers between you and your ex. Try to see things from your ex-partner’s point of view – you will both have different feelings about how best to manage holidays. Tell the children about changes to activities, but do not overwhelm them with details. Be respectful of your ex-partner when discussing plans with your children. Disagreements are bound to arise when dealing with your ex-partner. If you find yourself locked in battle, try to step back and remember the big picture. Try and manage everyone’s expectations as best you can, be prepared to compromise, and remember… there will be other holidays. Your children will benefit from being able to have a good time with both of you. If you can keep that goal in mind, you may be able to avoid a lot of potential disagreements. These tips can help you keep it civil Make it a priority to develop a workable plan with your ex-partner. Don’t argue with your ex-partner in front of your children – even on the phone. Avoid talking to your children about your ex-partner’s behaviour. Be polite and efficient when you’re sorting out the details. Focus on the strengths and interests of all family members, including your ex-partner. Remember that holidays can form a significant part of childhood memories. Finding ways for your children to cope better, and trying to be mindful of your ex-partner, can go a long way to smoothing the path and giving your family happy memories to cherish forever.

Once you’re no longer living together, you’re classed as separated for tax and benefit purposes. Separating from your partner may mean that you become entitled to new benefits and tax credits or higher amounts of benefits than you already receive. If you or your ex-partner were claiming benefits for the family before you separated, it’s important to tell Jobcentre Plus and HM Revenue & Customs straight away. Keeping them up to date about your change in circumstances can help you avoid being overpaid or losing out on money. Qualifying for extra benefits could make a big difference to the options available to you, particularly when it comes to the cost of housing. If the parent with the main care of the children can work at least 16 hours a week, they may qualify for Working Tax Credit. This benefit can make a substantial difference to a single parent’s income, so it may be worthwhile financially if you can manage this. If you have permanently separated from your partner, you can claim benefits and tax credits as a single person immediately. If your separation is temporary or on a trial basis, you may not be able to claim these benefits while there is still a chance you may get back together. For advice and practical support with benefits and tax credits, contact your local free advice centre, such as Citizens Advice, or called the Gingerbread Single Parent Helpline free on 0808 802 0925. You can find further detailed information on page four of the factsheet 'Action to take when a relationship ends',  produced by the charity Gingerbread who provide expert advice and practical support for single parents.

Before you apply for a court order it is worth remembering that judges will expect you to have tried to agree. You and your ex have joint responsibility for working out the arrangements for your children. This duty continues when you separate, even if you have never lived together. If you can’t talk to each other, you will be expected to ask for help from a mediator or a solicitor. The court will expect each parent to put forward their case. It is the court’s duty to put the child’s welfare first. It can be hard for parents to accept that what they ask for may not be what is best for the child. What courts say is best for a child For parents to encourage the child to have a good relationship with the other parent. For parents to have a ‘good enough’ relationship with each other. For the child to spend time with both parents. The law sees it as the child’s right to have regular, personal contact unless there is a very good reason not to. In the rare cases where contact is denied, the court will have been satisfied that the child’s safety is at risk. Denial of contact is unusual and in most cases the contact ordered will be frequent and substantial, considering the child’s age and all the circumstances. In some cases, contact will be arranged on an interim basis which will be subject to review until the Court is satisfied that the amount and frequency of contact is right. Non-payment of child support is not a reason the court would consider denying contact. Summary If you want to change agreed arrangements, the court will expect you to make sure the other parent agrees first or that you have used the help of a mediator or solicitor before going to court. Experience shows that court-imposed orders tend to work less well than agreements made between parents. Court proceedings are good for restoring contact when it has stopped and increasing it when it is insufficient. However, going to court does not necessarily improve the parenting relationship, which is so important to children’s wellbeing. While family mediation offers parents a chance to improve their relationship and focus on the needs of the child, going to court tends to teach couples how to argue! Having a court order If there is a court order in place you must do what it says, even if you don’t agree with it. If you want to do something different, you must apply to the court to have it varied or discharged.