Q&As

How would the court approach an application for contact with a child by someone who is under a disability, for example a parent who suffered a brain injury and the child will need to be cared for during contact by a third party? Is there any relevant case law applicable to these circumstances?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 08/04/2020

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • How would the court approach an application for contact with a child by someone who is under a disability, for example a parent who suffered a brain injury and the child will need to be cared for during contact by a third party? Is there any relevant case law applicable to these circumstances?

A child arrangements order (CAO) made under section 8 of the Children Act 1989 (ChA 1989) may specify with whom a child will have contact and when they will have contact with them. Such an application can be made by either parent, and is made on a C100 Form.

In deciding whether a parent should have contact with their child, and how much contact they should have, the primary consideration of the court will be the welfare of the child who is the subject of the application. In relation to contested applications the court must have regard to the welfare checklist at ChA 1989, s 1(3). See Practice Notes: Private children—paramountcy of the child's welfare and The statutory checklist—Children Act 1989.

If an application is made for a CAO seeking contact with a child by a parent who is under a disability and that disability will impact on their ability to safeguard the child, this is something that the court would need to take into consideration. In terms of how a court would approach this, it would be entirely dependent on the specific facts of the case including what the applicant is asking for and whether

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