A No-Contact Order in the UK is a legal document issued by the family courts in England and Wales that prevents a parent (or anyone with parental responsibility) from having verbal or physical contact with their child. No-Contact Orders are typically put in place between a parent and their child if the family court has concerns that a child is at risk of physical or emotional harm. A No-Contact Order can prohibit any form of contact, including by telephone, email, messages, and even indirect contact through a third party.
No-Contact Orders are typically put in place temporarily, but they can be made permanent or implemented for a fixed duration, depending on the circumstances. No-Contact Orders may be cancelled if the court is satisfied that the parent no longer poses a threat to the child. In addition, the order may be cancelled either when a criminal sentence expires, a parent is found not guilty, or a criminal court dismisses the case.
Considerations for a No-Contact Order in the UK
No-Contact Orders are not commonly agreed to by the family courts in England and Wales. When deciding whether to issue a No-Contact Order, the courts will take into consideration a range of factors, including:
- Allegations of abuse or domestic violence.
- Conduct of the parties towards each other and its effect on the child and current living arrangements.
- Findings or admissions of abuse.
- Impact on the child’s relationship with both parents.
- Likely behaviour of the parent during contact and its effect on the child.
- The applicant parent’s motivation.
- The contents of a safeguarding report from Cafcass.
- The outcome of a fact-finding hearing to determine the validity of abuse allegations.
- The potential for continued abuse.
- The welfare and safety of the child.
In cases of domestic violence, it may be more appropriate to apply for a Non-Molestation Order. However, this will depend on the details of the individual case.
How to get a No-Contact Order between parent and child
There are several steps to getting a No-Contact Order between a parent and a child, as follows:
- Gather any evidence of the risk to the child from the parent.
- No-Contact Order application prepared and submitted to a family court.
- The family court will review the application for a No-Contact Order.
- If necessary, the court may instruct Cafcass to prepare a detailed report on the risk of harm to the child.
- A hearing may be arranged by the court to listen to the arguments being made.
- If the court is satisfied that there is a risk to the child, they will issue a No-Contact Order.
As mentioned earlier, the family court will not issue a No-Contact Order lightly. It is vital to follow the correct process and provide strong evidence of any risk to the child from their parent. A family law solicitor can gather the information necessary to prove that there is a risk to the child and that this will meet the high bar for evidence required by the family court to issue a No-Contact Order.
Punishment for violating a No-Contact Order in the UK
Violating a No-Contact Order is a crime that can result in serious consequences for the parent in breach, including:
- Criminal charges
- Fines
- Imprisonment
The severity of the penalties issued by the courts will depend on a range of factors, such as the violation that occurred, how many times the violation has occurred, and whether any harm has occurred to the child.
Appealing a No-Contact Order in the UK
A No-Contact Order may be appealed or overturned in a number of circumstances, including where:
- It became apparent that the applying parent made false allegations.
- New evidence comes to light that shows that the original decision to issue the No-Contact Order may have been incorrect.
- The parent no longer poses a threat to their child.
- It is not in the best interests of the child for a No-Contact Order to be in place.
It may be necessary to request permission from the court before appealing a No-Contact Order. In any event, appealing or overturning a No-Contact Order can be a complex process, given that the courts will not issue such an order in the first place unless they are sure that there is a significant risk to the child. If you believe that a No-Contact Order has been issued against you incorrectly, and you wish to appeal or have the order overturned, it is essential that you engage a family law solicitor who can advise you appropriately and handle your matter for you. To reverse a decision by a family court to issue a No-Contact Order will require strong evidence to be presented to the court that there is no risk to the child.
