Contact between a child and their father

Mihail Tomov, Lawyer | Varna

The child’s interests are the primary consideration when deciding who will exercise parental responsibility. Contact arrangements should enable children to grow and develop with the care and support of both parents. Contact with both parents is every child’s right and a natural need. When deciding a dispute over parental responsibility, the court must consider the child’s best interests. Under paragraph 1, point 5 of the Supplementary Provisions of the Child Protection Act, this means assessing the child’s wishes and feelings; physical, psychological and emotional needs; age, sex, background and other characteristics; any danger or harm the child has suffered or is likely to suffer; the parents’ ability to care for the child; the consequences for the child of a change in circumstances; and any other circumstances relevant to the child.

Where the father has not been granted the exercise of parental responsibility, contact between him and the child is an important part of the measures provided for by Article 59 of the Family Code. Maintaining that relationship serves the interests of both the child and the parent. It is also consistent with the public interest and with moral considerations.

The measures depend on the circumstances of the particular case. To restrict the father’s contact by ending visits, requiring the mother’s presence or shortening visits, there must be circumstances clearly and convincingly indicating that contact with the father would seriously harm the child’s interests. A real risk to the child’s physical, mental or emotional health, or actual harm to that health, potentially with irreversible effects given the child’s age, would be relevant when setting or varying contact arrangements.

If you and your former spouse disagree about the amount of maintenance, contact with your child or the family home, it is advisable to consult a lawyer who practises family law, including divorce and contact matters, and has experience representing clients in court.