Hello! Indirect Contact

[JMS55]

Hi All

im looking for information about the use of indirect contact in private family law. More specifically indirect contact having been ordered, cards and gifts sent, but the children not told that they are from their father, is that right, can that be challenged within the context of indirect contact?

Thanks

[Amethyst]

What does the order specifically state ? (I'm not sure how a card/letter can be received by a child without their being aware who it is from as you'd sign it Dad ( presumably) ) Is there also an order the other way ( photo's/updates on progress etc) ?

[JMS55]

In court yesterday, dad advised that he had been sending cards and gifts since Oct. 17; section 7 recommended indirect contact, however CAFCASS and mum have both said the child has been receiving the gifts and cards but not told who they are from. CAFCASS officer went on to say in court, that it is not in the best interests of the child to know who the gifts/cards are from, as dad hasn't admitted being aggressive, and it would confuse the child if he knew he was receiving these from his Dad and then in the long term doesn't get to have direct contact, unless he admits past allegations. Dad has already told the judge that he is more than willing to accept the allegations and move forward, to attend courses, he is willing to do anything to re establish contact. Just to add, Dad has always stated his innocence of the allegations, judge recently found in mums favour.

No order the other way.

Dad quite young and unrepresented.

[JMS55]

Doesn't withholding Dads identity defeat the object of indirect contact? Is there a PD or any case law that might support this arguement?

[Amethyst]

CAFCASS and the Mother are arguing for indirect contact to cease or just that it continues 'anonymously' ? I really don't know how that works, what do they do, cross out the name in the card ? pretend the presents are from the elves ? anyway;

Para 37 http://www.familylawweek.co.uk/site.aspx?i=ed99302

(5) In cases, in which, for whatever reason, direct contact cannot for the time being be ordered, it is ordinarily highly desirable that there should be indirect contact so that the child grows up knowing of the love and interest of the absent parent with whom, in due course, direct contact should be established.''

also onwards in that judgment...

I'll just move the thread down to the Family Law forum and see if SandraF has any thoughts.

[SandraF]

Hi JMS55, telling the child/ren where the cards/letters etc were from depends on the age of the child/ren, how often they were to be sent and for how long the indirect contact is to continue until the next hearing date. It is normally not a good idea to advise without seeing the wordings of the order, as it can be interpreted in different ways by a layman. Wait to know more before I can give some thoughts on this.

[JMS55]

Thanks both... I'm not party to the actual order, the info I have is from the grandmother. I'll get further clarification and get back to you. The indirect contact has been ongoing since Oct 2017 and the child is quite young, but of school age.