Dadtalk

@ CLC - can you just clarify. My understanding is that seeking an injunction is a separate process - would it not be simpler to request that a prohibited steps order is made during the court proceedings if the father goes to court over contact?

Back to the question - the problem with negatiation in this case is that, as far as I am aware, you do not have the choice to have supervised contact at a contact centre, as Contact Centres only take referrals from courts or social services. If the father insists on trying to have contact, and doesn't instigate contact proceedings, then I would suggest that you have a word with social services first, and if they can't help, then it may be worth your partner starting the court process herself. Normally, the courts expect you to have gone through mediation, but you could explain why you haven't done so, or certainly why you didn't come to an agreement. The first step in the court process is usually a conciliation hearing - this is where both parties have the opportunity to come to an agreement, and if they manage to do so, then the courts can issue a consent order, and at this point, you would be able to use a contact centre. Although the court, at this point, cannot make an order if there is no consent, they can certainly ask questions leading the discussion to what they think is a reasonable outcome, so if she has evidence of her ex's abuse (and a criminal record for a relevant offence would go a long way towards this), they could well steer him towards agreeing to supervised contact.

Again, would be helpful if the CLC could comment on this and correct anything I have wrong.

Dear Actd,

It is correct that if the father attempts to gain contact through the courts that the respondent would be given an opportunity to lodge their own applications and a Prohibited Steps Order can be sought

However prior to this there will be nothing to stop the father from coming to the home, and although the police could remove him, an injunction can be gained prior to court proceedings being lodged to prevent him from doing this.

Whilst they are able to apply for a Prohibited Steps Order without the father having made any applications, the father would then be the respondent and have the opportunity to lodge his own application at that stage and this may prompt him to apply for a contact order with the child.
Whereas if an injunction were sought the father would still have to be the one to initiate court proceedings if he wishes to have contact, and would not be prompted to do this simply by ‘piggy backing’ off of the mother’s application.

All injunctions and Prohibited Steps Orders would need good reason to be granted, and evidence regarding the allegations would be useful to support these applications, but it would be for the court to decide whether they should be granted based on the individual circumstances of the case.

When it comes to attempting to negotiate contact, the court do like to see that where possible you have attempted to do this. Not all contact centres require a referral from a court or social services, it depends on the particular centre.
You are able to contact the National Association of Child Contact Centres if you require more information on contact centres, their contact number is 0845 4500 280.

As a general rule, if the mother were to start court proceedings, this would normally be for residence, to confirm that the child lives with her legally. She is able to apply for defined contact for the father, but is not required to do so. As a result of this the father would be able to contest the residence or apply for contact if he wishes to do so.

The previous history and evidence of any violent or detrimental behaviour would be considered if the matter were to go to court. It is correct that in some circumstances a consent order can be put in place if it can be agreed by all parties.

We hope this answers your query.

Kind Regards
Children’s Legal Centre

Hi CLC -it does indeed answer my query Just a general matter of interest for me, but hopefully very useful to others.

Thank CLC, this has been very helpful. Will the government/police or some high offical hold information about his criminal record? He has been ordered to stay away from minors in the past due to his criminal behaviour and of course his own record will show he is very violent as most of his time spent inside is for violence. I'd see this as enough evidence to keep him away from his child (til he is at least 16 and able to make up his own mind) even though a court might see father and son seperation as a last resort, but it would be the best thing for his son never to see him again!?

Hi again

I have sent off your latest points to the CLC again today and I hope they will respond to your concerns soon.

All the best