Establishing a Child Contact Schedule

Establishing a child contact schedule is a legal procedure that helps one parent exercise the right to participate in the child’s upbringing when, after divorce, separation or family conflict, the other parent prevents meetings, calls, video communication or shared time with the child.

Such cases require a careful approach because the court assesses not only the formal right of a parent to communicate with the child, but primarily the child’s best interests, age, health, attachment to each parent, stability of daily routine, the level of conflict between adults and each parent’s ability to act in the child’s interests.

VINCO’S attorneys help prepare the legal position, develop a realistic contact schedule, collect evidence, interact with the guardianship authority, prepare the claim and support the client until a decision is obtained and can be implemented in practice.

A child contact schedule is a schedule and set of conditions for the participation of one parent in the child’s upbringing, determined by a guardianship authority or a court. It may include personal meetings, overnight stays, holidays, telephone or video communication, participation in education, medical care, extracurricular activities, celebrations and other important events in the child’s life.

If the parents can agree, the contact schedule may be fixed in a written arrangement. If the arrangement is not followed or one parent systematically obstructs contact with the child, the dispute may be resolved through the guardianship authority or in court.

In court proceedings, it is possible to request a specific schedule: days of the week, hours, place of handover, weekend contact, holidays, the child’s birthday, joint trips, online communication and other conditions.

Attorney support is useful not only when the case is already in court. In many situations, the right strategy at the beginning of the conflict helps avoid escalation, build an evidence base and propose a schedule that is reasonable and consistent with the child’s interests.

• the other parent does not allow meetings with the child or restricts contact without explanation;
• contact is allowed only occasionally, at inconvenient times or under humiliating conditions;
• the child is being turned against one of the parents;
• there is no agreement on weekends, holidays, school breaks or online communication;
• one parent lives in another city or abroad;
• the handover of the child must be regulated to avoid conflicts between adults;
• the guardianship authority did not help resolve the dispute or its decision is not being followed;
• there is a risk of manipulation, false accusations or obstruction of a future court decision.

In disputes about the participation of one parent in the child’s upbringing, the guardianship and custody authority plays an important role. It may consider a parent’s application, examine living conditions, speak with the parties, prepare a conclusion and propose a schedule for participation in the child’s upbringing.

However, in complex or highly conflicted situations, a court decision is usually the most effective remedy because it establishes a mandatory contact schedule. The court may determine a detailed schedule, meeting conditions, place of handover, the presence of another person, the format of communication and other rules that reduce opportunities for manipulation.

The court position should be specific rather than abstract: which days, which hours, where exactly the child is handed over, how school breaks and holidays are handled, and how communication is maintained during illness, school activities or travel.

The court may define different ways for one parent to participate in the child’s upbringing. Properly drafted claims help obtain not a general order “not to obstruct”, but a clear schedule that can be followed and enforced.

• periodic or systematic meetings with the child;
• specific weekdays and hours of contact;
• weekend, holiday and school break communication;
• joint recreation or trips within Ukraine;
• telephone, video and online communication;
• the place of handover and return of the child;
• the possibility for the child to visit the parent’s home;
• the presence of another person during meetings if required by the child’s interests;
• gradual increase of contact time if the relationship with the child has been interrupted.

The court does not establish a contact schedule automatically merely because a parent has such a right. The key criterion is the best interests of the child. Therefore, it is important to show that the proposed schedule is safe, stable, realistic and does not harm the child’s education, health or routine.

• the child’s age and daily routine;
• the child’s health, school, extracurricular activities and regular schedule;
• the child’s attachment to each parent;
• the history of the parent’s participation in the child’s upbringing;
• living conditions and the ability to ensure safe time with the child;
• each parent’s conduct during the conflict;
• the presence or absence of risks for the child;
• the parties’ willingness to comply with the decision and not use the child as a tool of pressure.

In such cases, it is important not only to claim that contact is being obstructed, but also to prove it. The evidence should show both the obstruction and the client’s real involvement in the child’s life.

• messages, correspondence, audio or other materials confirming refusal of contact;
• evidence of attempts to agree peacefully or apply to the guardianship authority;
• documents confirming participation in the child’s expenses, education, medical care or development;
• photographs, confirmations of shared leisure, trips or participation in important events;
• character references, certificates and documents on living conditions;
• psychological opinions or other documents if relevant to the case;
• witness statements confirming contact with the child or obstruction of contact;
• materials regarding performance or non-performance of previous agreements or decisions.

1. Initial consultation and assessment of the family situation, child’s age, history of contact and reasons for the conflict.
2. Review of documents, correspondence, previous agreements, guardianship authority decisions or court documents, if any.
3. Selection of the optimal strategy: negotiations, application to the guardianship authority, court claim or a combined approach.
4. Development of a realistic contact schedule that is consistent with the child’s interests and can be implemented in practice.
5. Preparation of evidence, attorney requests, procedural documents and the statement of claim.
6. Support during interaction with the guardianship authority and preparation of the position regarding its conclusion.
7. Representation in court, participation in hearings, submission of explanations, applications and motions.
8. Obtaining the court decision, reviewing its content and explaining the enforcement procedure to the client.
9. Support with enforcement of the decision or preparation of a legal position if the other parent does not comply.

The following documents are usually required to prepare a case on establishing a child contact schedule:

• passport details and taxpayer number of the client;
• the child’s birth certificate;
• marriage certificate or divorce court decision, if the marriage has already been dissolved;
• information about the child’s and the other parent’s place of residence;
• previous arrangements, correspondence or evidence of obstruction of contact;
• documents confirming participation in the child’s upbringing and maintenance;
• information about the child’s education, activities, health and routine;
• documents regarding the client’s housing conditions, if relevant;
• decisions or conclusions of the guardianship authority, if an application was already filed;
• court documents in related cases concerning child support, residence of the child, divorce or parental rights.

In child contact cases, problems often arise not because there is no right to contact, but because the claims are poorly drafted or the evidence base is weak. If the court is asked only to “not obstruct contact”, the decision may be difficult to enforce because it does not contain a specific schedule, place and handover procedure.

• non-specific claims that are difficult to enforce;
• a proposed schedule that does not account for the child’s age, routine or interests;
• lack of evidence that contact is being obstructed;
• failure to consider the role of the guardianship authority;
• an overly conflicted position that may look like pressure on the other parent or the child;
• incorrect choice of remedy when residence, child support or parental rights also need to be addressed;
• risk of obtaining a formally successful decision that does not work in practice.

After a decision is obtained, its terms must be clear and enforceable. If the other parent continues to obstruct contact, enforcement mechanisms may be used, including recording violations, applying to the enforcement service, the guardianship authority or the court.

That is why, at the claim preparation stage, the attorney must formulate a contact schedule that leaves little room for different interpretations: specific days, hours, place of handover, communication rules, school breaks and holidays, and the actions of the parties in case of illness, travel or other circumstances.

VINCO’S attorneys support child contact schedule cases at all stages – from the initial consultation and evidence review to court representation and enforcement support.

We help determine the right strategy, prepare a realistic contact schedule, build the evidence base, handle communication with the guardianship authority, prepare the court claim and represent the client in court.

The goal of VINCO’S in such cases is not to intensify the conflict between parents, but to help the client obtain a clear, legally strong and practically enforceable schedule for participation in the child’s life.