Child contact arrangement

Determining a child’s place of residence is one of the most critical matters when parents live separately. Ideally, this issue is resolved amicably, providing the child with stability and emotional security. However, when an agreement cannot be reached, the court steps in, making a decision based on the best interests of the child, the child’s relationship with each parent, living conditions, and the overall environment.

The court evaluates a variety of factors, including each parent’s ability to ensure the child’s well-being, their living environment, financial stability, emotional connection with the child, and the child’s own preferences—if the child is mature enough to express their wishes. While the child’s residence is typically determined with one parent, an alternating residence model can be applied if both parents agree. This arrangement, which allows the child to live with each parent on a rotating basis, is gaining popularity but must serve the child’s best interests and be effectively implemented.

If a parent seeks to change the established place of residence, they must prove a material change in circumstances. This could include a significant change in living conditions, concerning behavior by the other parent that might harm the child’s welfare, or the child’s expressed desire to live with the other parent. Additionally, if the parent with primary residence delegates the child’s care to third parties or systematically obstructs contact with the other parent, this can be grounds for reassessing the residence arrangement.

Residence determination is especially relevant when parents live in different countries. In such situations, the court considers not only where the child spends the majority of their time but also the child’s social integration, educational continuity, and relationships with close family members. Along with determining the residence, the court also establishes the child’s contact arrangements with the non-residential parent.

Our firm provides expert legal assistance in resolving matters related to determining the child’s residence. We offer services ranging from drafting amicable agreements to full legal representation in court, ensuring that the child’s best interests are upheld while balancing the expectations of both parents.

The 50/50 child contact arrangement is an increasingly discussed model aimed at ensuring that a child maintains an equal and meaningful relationship with both parents following divorce or separation. This arrangement is based on the principle of shared parenting, where both parents participate equally in the child’s life – in terms of both time and responsibility. Ideally, such an arrangement is reached amicably, as cooperation between the parents is essential for the successful implementation of a balanced parenting schedule. However, if the parents cannot agree, the court may impose the arrangement, provided it is deemed to be in the best interests of the child.

When evaluating the suitability of a 50/50 model, the court considers multiple factors, including the proximity of the parents’ residences, the child’s school location, social ties, each parent’s availability, and their ability to provide a stable and consistent routine. If these conditions are met and the arrangement is found to serve the child’s well-being, the court may approve the model. That said, in practice, courts tend to favour arrangements that provide a single primary residence for the child, unless the parents themselves have agreed to equal parenting and demonstrate the ability to manage it effectively.

One of the key elements of the 50/50 arrangement is ensuring stability and consistency in the child’s daily life. This requires parents to agree on common parenting principles, educational goals, schedules, and the division of responsibilities. It is also crucial to avoid scenarios where the child is drawn into parental disputes or used as a tool for manipulation.

Should the 50/50 contact arrangement become unsuitable due to changes in circumstances or if it negatively affects the child’s well-being, it can be revised. In such cases, it must be demonstrated that the current arrangement no longer serves the child’s best interests and that a different contact model is necessary. Importantly, courts always prioritise the child’s best interests over the preferences of either parent.

Our law firm provides legal consultation and support in establishing and implementing 50/50 parenting arrangements, taking into account the unique circumstances of each case. Our goal is to ensure that the resulting agreements meet not only the legal but also the emotional needs of the child, while minimising the potential for future disputes.

Failure to comply with court-ordered child contact arrangements is one of the most common issues faced by separated parents. Even when the court has approved a clear parenting schedule, there are cases where the parent with whom the child resides refuses to allow contact, restricts communication, or actively obstructs the implementation of the contact plan. Such actions not only violate a binding court order but may also negatively affect the child’s emotional well-being and infringe upon the rights of the non-residential parent.

Obstruction of a parent-child relationship may take various forms – from continuous modifications of the contact schedule or creating conflicting plans, to encouraging the child to avoid the non-residential parent. It is not uncommon for one parent to claim that the child does not wish to maintain contact, but courts examine whether such resistance may be the result of the other parent’s influence. In certain cases, a parent may fail to foster or even deliberately undermine the child’s relationship with the other parent, disrupting the child’s ability to maintain a balanced bond with both parents.

Contact arrangements are not only a right but also an obligation. Even when one parent restricts access, the other must take proactive legal steps to preserve the parent-child relationship. If a contact order is not being honoured, the affected parent can apply to the court to enforce the judgment and, if necessary, initiate enforcement proceedings through a bailiff (judicial officer). Penalties, including fines, may be imposed for non-compliance, and in extreme cases, the child’s residence may be reassessed and potentially reassigned.

In addition to parents, grandparents also play an important role in a child’s life. Their right to maintain contact with grandchildren may also be established by a court order. If such an order exists but is not respected, grandparents have the right to seek enforcement through legal means.

Our law firm assists clients in resolving issues related to the non-compliance of child contact arrangements – whether through peaceful resolution or litigation. We provide legal advice on enforcing contact orders, requesting modifications, and handling all associated legal procedures to ensure that every child has the opportunity to maintain meaningful relationships with both parents and close relatives.