What is a Contact Order and How Does It Affect me?
Contact orders are directions from the court that usually involve visitation rights of a parent with their children in a legal separation or divorce case. Contact orders can also restrict contact is some situations, especially when the health and safety of an individual may be in jeopardy. Domestic violence cases often begin with contact restrictions between the litigants, with ongoing contact modifications made when the couple goes back to court. These contact instructions can also include any children involved.
Traditional contact orders involve child visitation. Depending on the child custody arrangement, the custodial parent is required to comply with the court order at any designated child visitation time. Child visitation is normally arranged for the benefit of all parties with particular focus on whats best for the children, but the non-custodial parent is usually the primary issue. Finding a time for visitation during the school year and around work schedules can be difficult, although weekend visitation and overnight stays are common. Regardless of the variance of the schedule, the contact order is still enforceable.
This enforcement can be generally lax when based on reasonable necessary modification, and the court can also change any terms of a contact order at any time. Compliance is not necessarily negotiable, but either party can request a change in court. But, many times the court is mostly concerned about the rights of the child, which often get overlooked among the parental disagreements. Merely making a motion in court does not guarantee court agreement. In addition, forcing a child to comply with the court order can also be difficult for various reasons and parental encouragement is part of compliance. Judges have even been known to ask the child to testify as to why they do not want to visit.
Many times a situation requires discussing the order with the children and the reasons behind the order establishment. Children are not always readily agreeable to visitation orders, especially when personal responsibilities are different at each parental household. Age of the children is also a primary fact in determining the visitation schedule. Each parent is considered capable of caring for the children unless some type of medical emergency arises. Responsibility is not necessarily assigned to the particular parent at the time, but maintaining a healthy visitation environment is a responsibility of each parent. Refusing to comply because the children merely do not want to go is not acceptable to the court and often justifies non-compliance charges if done regularly.
Amicable divorces involving well-adjusted children are usually free of family controversy, as court orders regularly exist that not observed to the letter of the law. The goal is reasonable contact and maintaining the parental bond. Problems can still occur for different reasons, but either parent may approach the court in contentious situations. This means that having an experienced divorce or child custody attorney can be crucial to ensuring the rights of all individuals involved. Children rarely have attorneys in a visitation proceeding, as the parents are the primary litigants, so be prepared for the court to make a decision protecting the children first.
Having an attorney can also be helpful when a contact order is entered that requires supervised visitation. Many times this request from one parent may not be reasonable, but failure to retain an attorney could result in strict enforcement without due cause. An attorney can negotiate with both the opposing parent counsel and the court to arrive at a reasonable arrangement. Sometimes supervised visitation is necessary, but always remember that the court is primarily concerned with the safety of the child and general attitude of all involved parties. Animosity among parents in a contact order situation can impact a child’s emotional health, and never serves anyone well. But, in contentious relationships, both parents need an attorney to maintain some legal equity in a decision.