Contact focuses on the right of the child over any other party. A child has the right to spend time with both parents and it is important to put the best interests of the child first when a relationship breaks down. It is of course desirable to reach an amicable agreement between both parties regarding contact with children. However, in reality disputes often arise. Such conflict can be damaging to children and should be resolved without delay.
Issues with Contact
When a dispute arises regarding contact with a child, our family law solicitors can make an application to the Court for contact on your behalf. The specifics of the contact granted by the Judge will depend on each applicant’s individual circumstances and will always aim to put the best interests of the child at the centre of any decision.
It is recognised that the involvement of both parents in the child’s life the best approach to meet the child’s interests. However, if contact is risking the wellbeing of the child, then restrictions to contact will be introduced.
Who can ask for contact with a child?
It is wrongly assumed that only parents can seek contact with a child. Whereas contacts such as grandparents, aunts and uncles, siblings or any other close connections to the child may seek the parents’ permission for contact with the child.
How we can help
Our legal team engage on a daily basis with specialist family law solicitor(s) and children’s law barristers, as well as counsellors and agencies supporting children and victims of domestic abuse. This leaves us well placed to advise on a wide range of problems that our clients may encounter such as issues of contact with children for example.
If you and your child’s other parent, are unable to reach an agreement regarding contact arrangements, there are methods to resolve issues. You could seek the method of family mediation, if this is not successful you may progress seek a court order.
At P.A.Duffy and Co Solicitors our dedicated family law team are vastly experienced in dealing with matters of child contact. We offer mediation services to ensure that Court Orders are being observed. In the event of non-compliance with an Order we can advise you on the best solution, this may include holding the party who has breached the Contact Order in contempt of court.
We also understand that it is in the best interest of the child to avoid court proceedings. Therefore, we also offer mediation services which can often be an effective way to come to an agreement in respect of contact.
We have particular expertise in child law disputes, our solicitors have ample experience in helping our clients to secure contact with children following a breakdown in family relations.
Our Team
Director
Conal McGarrity
Solicitor
Carla Fraser
Director
Conal McGarrity
Conal became the youngest legal director in Ireland when he was appointed director in 2017. He qualified as a Solicitor in 2014 having graduated from Queen’s University where he received the Lord Chief Justice’s Prize for academic achievement.
He practices in both Northern Ireland and the Republic of Ireland. He is an expert in the areas of human rights, dispute resolution, medical negligence, fraud & financial crime.
He is regularly instructed in the most serious and high-profile cases within Northern Ireland the Republic of Ireland. He currently represents clients in cases pending before the European Court of Justice in Luxembourg, the Supreme Court in London and the Special Criminal Court in Dublin. Conal also tutors in the areas of public law and medical negligence at Queen’s University, Belfast.
Conal is also instructed in challenges against State authorities in Northern Ireland and the Republic of Ireland in respect of failures to establish Public Inquiries to investigate the handling of the Covid-19 pandemic in each jurisdiction. He is also the Recognised Legal Representative for NI Covid Bereaved Families for Justice in the UK Covid-19 Public Inquiry which is due to begin hearings in May 2023 in London.
Conal represented his county, Tyrone at minor level where he won an Ulster Championship medal. He has also won McRory Cup & Hogan Cup medals with his school, St Patrick’s Academy, Dungannon.
Notable cases
In the matter of an application by JR79 for Judicial Review & in the matter of decisions taken by a school and a Health & Social Care Trust – Judicial Review, High Court Northern Ireland – Article 8 – judgment granted in favour of client (child).
In the matter of an application by TKF for Judicial Review – Judicial Review, High Court Northern Ireland – challenge to EU Regulation 4/2009 on the application & enforcement of foreign maintenance orders prior to member state becoming a member of the EU
In the matter of an application by Tadeusz Stach for Judicial Review – Judicial Review, High Court Northern Ireland – challenge to the Conservative Government policy of homeless EEA nationals
In the matter of an application by Raymond Archer for Judicial Review – Judicial Review, High Court – challenge to access to budgeting loan for a class of benefit recipients (264,000 individuals)
In the matter of an application by BMN1 for Judicial Review – Judicial Review, High Court Belfast – challenge to school/Education Authority on a decision to exclude a child with Special Educational Needs (SEN) from school/ failure to make proper educational provision
Barbara Kozyra v St James Hospital, Dublin – Medical negligence, High Court Dublin – stem cell transplant mistake resulting in avoidable death – substantial settlement
MB v Belfast Health & Social Care Trust – Medical negligence, High Court Belfast – significant injuries due to failure to administer required treatment – substantial settlement
RJ v Southern Health & Social Care Trust – Medical negligence, High Court Belfast, stroke resulting in significant brain injury
MJ (a child) v Belfast Health & Social Care Trust – Medical Negligence, High Court Belfast – catastrophic birthing injury
Southern Health & Social Care Trust v RK and in the Matter of RM (a child), Care Proceedings & Freeing for Adoption (defending) – High Court Belfast
Southern Health & Social Care Trust v LA and in the Matter of PA & RA (a child), Care Proceedings & Freeing for Adoption (defending) – High Court Belfast
Southern Health & Social Care Trust v PD and in the matter of PS & PR (a child) – Care Proceedings, High Court Belfast
R v M & others, ongoing allegation MTIC £39 million fraud
R v F & others – ongoing allegation of a £215 million money laundering
Hickson Commission – Public Inquiry, Dublin (ongoing) – The Commission will inquire into the level of knowledge of the offences committed by notorious paedophile Billy Kinneally was held by a number of organisations including An Garda Siochana, the Waterford Diocese, the South Eastern Health Board, Basketball Ireland and high profile political figures
In the Matter of a Preliminary Reference under Article 267 TFEU from the Court of Appeal in Northern Ireland to the European Court of Justice, Luxembourg – Case Number 1132471 EN Preliminary Reference C-729/19
R v Djalo & Ors – Murder
R v Lawlor & 2 ORS – Rape
R v SB – Rape
Judicial Review 18 Applicants -v- An Taoiseach, Minister for Health, Minister for Finance, Attorney General Ireland – challenge to the Republic of Ireland Government’s failure to hold an investigation into nursing home deaths during Covid-19 pandemic
Recognised Legal Representative for NI Covid 19 Bereaved Families for Justice – UK COVID-19 Public Inquiry
Application by Oliver Hughes for Judicial Review and in the Matter of Decisions of The Department for Communities – challenge to the prohibition on the operation of private crematoria in Northern Ireland
Conal McGarrity was last modified: March 6th, 2023 by Chris Rowan
Carla studied Corporate Law and graduated from the National University of Ireland Galway in 2009, she then completed a Postgraduate qualification in 2010. Carla qualified as a solicitor in 2013 after completing her solicitor training at the Institute of Professional Legal Studies. She trained as a solicitor in a city centre law firm and practiced there until she joined PA Duffy.
Carla specialises in Matrimonial and Family Law, where her passion lies.
Carla deals with cases arising from the breakdown of relationships to include divorce, ancillary relief proceedings, division of assets upon divorce and dissolution of civil partnerships.
She has represented numerous families in proceedings concerning children such as contact and residence of children, public law cases such as care order proceedings. Carla has expertise dealing with international cases such as relocation and child abduction. Carla is known by her clients to be a source of comfort and strength as well as a knowledgeable and experienced solicitor. What makes Carla stand out is her dedication to her clients.
Carla assists local organisations and charities running clinics on family and domestic issues and speaks at events concerning domestic violence and children’s legal issues.
Carla is recognised as a specialist Children’s solicitor and is on the Children Order Panel, accredited by the Law Society of Northern Ireland.
As a blogging enthusiast Carla frequently contributes to blogs writing articles on topics ranging from current Family and Matrimonial issues to reported legal cases that are relevant to her clients and potential clients.
Carla is a Director of the Colin Surestart Board of Directors and takes pride in advising and being part of such an important organisation.
Outside of work Carla enjoys travelling and running.
Carla is committed to responding sensitively and effectively to those needing help and advice relating to Domestic violence and has attained the Workplace Charter on Domestic Violence for PA Duffy. By displaying the “Safe Place” logo in PA Duffy victims can be assured of a safe place and secure environment.
Carla is a member of Women in Business and enjoys attending events and developing her professional skills and relationships with other likeminded women.
Chambers 2022– Associate to watch
Carla Fraser was last modified: March 13th, 2023 by Conal McGarrity
