Beyond Face-to-Face: Understanding the Role of Indirect Contact

Written by Cara Benson

Contact refers to the arrangements between a parent and child that allow their relationship to be maintained where the parent does not have day-to-day care. In Scottish family law practice, the term “indirect contact” refers to communication between a parent and child that does not take place in person, face-to-face. Under section 11(2)(d) of the Children (Scotland) Act 1995, the Courts can grant a Contact Order specifying that a parent is to have regular indirect contact with their child.

It is widely accepted that indirect contact may take place through means such as (although not limited to), telephone calls, text messages, letter and video calls.  In the digital age, indirect contact need not simply be via a telephone call.  For example, a parent can exercise indirect contact with their child through playing games online together.  Many children may find indirect contact of this nature to be more engaging than simply exercising contact through a telephone call.  Indirect contact can be a valuable tool to facilitate bonding between parent and child.

Another example of innovative use of technology to facilitate contact is a parent pre- recording videos reading a story to their baby.  This form of indirect contact may be suitable where a parent cannot exercise direct contact with their baby but wishes to ensure that the child is hearing their parent’s voice and gaining a sense of familiarity with the parent.

The benefits of indirect contact: 

1. it allows the parent-child relationship to continue and develop where direct contact is not feasible (perhaps due to a parent working abroad or there being significant travel distance between parents causing direct contact to be challenging to achieve);
   
   
2. where the parent without day-to-day care has direct contact intermittently, indirect contact allows the parent to maintain consistent communication and remain involved the child’s life between periods of face-to-face contact; 
   
   
3. it can help reduce the likelihood of conflict between separated parents that are experiencing difficulty navigating handovers of children;
   
   
4. it can be used to support a staggered reintroduction of a parent at a pace that is appropriate for the child – this is particularly useful where trust and familiarity need to be re-established;
   
   
5. it can support the wishes of the child – in some instances, children may express that they do not wish to have direct contact with a parent and it may be appropriate for contact to occur on an indirect basis to maintain the parent-child relationship in a manner that respects the child’s wishes. 

Indirect contact is, without doubt, a valuable tool to help parents build and maintain meaningful relationships with their children.  It offers an alternative way for contact to take place in a vast array of circumstances.  Parents should consider whether indirect contact could be beneficial in promoting and maintaining their relationship with their children when considering the contact arrangements for their child.

If you’re unsure what type of contact arrangements might be appropriate for your family, or you need advice on putting practical and workable arrangements in place, our Family team can help. We offer clear, supportive guidance tailored to your circumstances. Get in touch to discuss your situation and explore your options.