What Is Indirect Contact and When Is It Used in Child Arrangements?

Indirect contact is an arrangement under which a parent maintains a relationship with their child through indirect means such as letters, cards, emails, photographs, or video calls, rather than through in-person meetings. It is ordered by the family court in cases where direct contact is not currently considered appropriate but where maintaining some form of connection between the child and the parent is considered to be in the child's interests.

When Is Indirect Contact Ordered?

Courts order indirect contact in situations where direct contact would pose a risk to the child or would cause the child significant distress, where a parent is serving a prison sentence, where a parent lives abroad and in-person contact is not currently practicable, where there has been a long period of no contact and a gradual reintroduction is being considered, and in cases where the child has expressed strong resistance to face-to-face meetings.

What Does an Indirect Contact Order Typically Specify?

An indirect contact order specifies the frequency and format of the contact. For example, it might provide for the parent to send a card or letter once a month, for birthday and Christmas cards, for a monthly video call of a specified duration, or for a set number of photographs to be provided by the resident parent to the non-resident parent each term. The order may also specify how the contact is to be managed, including whether correspondence passes through an intermediary.

Is Indirect Contact a Permanent Arrangement?

Not necessarily. Indirect contact is often a stepping stone toward direct contact. The court should build in a review mechanism and the non-resident parent can apply to the court to progress to direct contact once circumstances have changed or concerns have been addressed. However, in some cases where direct contact is assessed as not being in the child's interests for the foreseeable future, indirect contact may continue for a long period.

What If the Resident Parent Prevents Even Indirect Contact?

Preventing indirect contact in breach of a court order is a contempt of court and can be addressed through the enforcement mechanisms available, including enforcement orders and, in serious cases, committal proceedings. The courts take the breach of any contact order seriously.

Summary

Indirect contact maintains a connection between a child and a parent through letters, calls, or other indirect means when direct contact is not currently appropriate. It is a stepping stone toward direct contact in many cases. Breach of an indirect contact order is enforceable. A family law barrister can advise on how to progress from indirect to direct contact and how to deal with a resident parent who is preventing even indirect contact.

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