Arranging contact with a child: how to establish and formalise a schedule

Usually it starts with oral agreements no longer being honoured: one parent brings the child back later, the other does not hand the child over at the agreed time, trips and holidays turn into a dispute. It can also be the opposite — the schedule was never discussed at all, and each parent sees their involvement in the child's life differently. In such a situation it is important to understand what ways of formalising contact arrangements exist and which one suits this particular case.

The article covers pre-trial negotiations and recording the agreements reached, a settlement agreement, a claim for arrangements for contact with a child and its structure, a counterclaim and an application to determine the child's place of residence, as well as how the court shapes the schedule and what approaches are emerging in court practice. Particular attention is paid to the content of the statement of claim and the documents attached to it.

Arrangements for contact with a child: what they are and what they depend on

Arrangements for contact with a child are an agreed or court-established regime for the participation of the parent living separately in the child's upbringing: when, where and on what terms that parent meets the child, takes part in the child's life and deals with day-to-day matters. They are needed so that the child's relationship with both parents is preserved after the family lives apart.

Such arrangements include the frequency and duration of meetings, the place where they are held, joint holidays and trips, communication by telephone and video call, the terms for handing the child over and returning the child to the other parent, and participation in treatment, education and extracurricular activities. The more specific the schedule, the fewer grounds for disputes.

Establishing arrangements for contact with a child: options and their consequences

Parents are entitled to establish contact arrangements voluntarily by a written agreement: days, times, place of meetings, trips, exchange of information. Notarisation strengthens its evidentiary value but does not make the agreement automatically enforceable. If the other parent stops complying with it, one will have to go to court.

Court establishment of contact arrangements is used when the parties have failed to reach agreement. The court examines work schedules, housing conditions, the child's attachment and determines how much time and how often the parent spends with the child. The decision is binding, and in cases of wilful non-compliance the measures provided for by law are applied.

The court separately considers the child's contact with relatives: grandparents, brothers and sisters. They are entitled to apply for protection of their right to contact if the parents obstruct it. The arrangements are established by the court and are binding.

• A voluntary agreement — faster, without court costs, but requires the consent of both parties.
• A notarised agreement — strengthens evidentiary value but does not replace enforcement.
• A court decision — binding, but the process takes time.
• Involvement of relatives — a separate court proceeding where the parents obstruct contact.
• Changing the arrangements — by agreement of the parties or through a new claim if circumstances change.

The method is chosen based on the parties' willingness to reach agreement and the need for enforcement.

Settlement agreement on contact with a child: when it works

A settlement agreement on contact with a child is concluded between the parents voluntarily, without a dispute over the right, and is close to a contract. It is drawn up before applying to court or at any stage of a divorce case or a case to determine the child's place of residence. In the first case it is binding after notarisation, in the second — after approval by the court. The court checks whether the terms meet the child's interests: if the schedule does not take into account the age, school routine and state of health, approval is refused.

The agreement sets out the schedule: days of the week and hours, the procedure for meetings at weekends, on holidays, during school holidays and on birthdays, the place where the child is handed over, and the permitted means of communication — calls, messages, video calls. It separately sets out the procedure for trips, including outside the country, and the rules for agreeing changes, for example in case of illness or a parent's holiday. The terms must be enforceable: wording such as 'where possible' or 'as agreed by the parties' will not be approved by the court.

• The parties and the child's details, including the IIN if available.
• Schedule of meetings: days, hours, place of handover of the child, arrangements for holidays and school breaks.
• Contact arrangements: phone calls, messaging, video calls, and how often they take place.
• Conditions for the child's travel, including outside Kazakhstan, and the procedure for obtaining consent.
• Rules for changing the terms: notices, time limits, procedure for resolving disagreements.
• Consequences of non-performance and the procedure for resolving disputes.

Pre-trial arrangements for contact with the child: negotiations and recording the agreements

When parents live separately, it is more convenient to set the arrangements for contact with the child without going to court. The negotiations deal with the substance: days and hours of meetings, the place, arrangements during school breaks and holidays, rules for contact by phone and messengers, and the procedure for travel on holiday. Separately, the parents discuss what to do if the child falls ill and who gives notice of a change of meeting. If no agreement can be reached, the dispute is decided by a court, but the attempt at negotiation is still recorded in writing.

It is better to put the agreements in writing. A parental agreement on the arrangements for contact with the child will do: free form, signed by both parents. The agreement does not require notarisation, but it may be certified at the parties' request. It lists the schedule of meetings, contact arrangements, arrangements during holidays and travel, and liability for breach of the terms. Each parent keeps one copy.

• A parental agreement on the arrangements for contact, signed by both parties
• Written notices of a change of meeting and replies to them
• Messenger correspondence with the date and content of the messages preserved
• Receipts confirming receipt of the original agreement or notice
• A calendar or schedule of meetings agreed by the parties
• An agreement certified at the parties' request, if greater certainty is needed

A claim for arrangements for contact with the child: when court cannot be avoided

A claim for arrangements for contact with the child is filed if parents living separately cannot agree on meetings, participation in upbringing and resolution of matters affecting the child's interests. Court cannot be avoided when oral agreements are not honoured and no contact agreement has been concluded or is not being performed. The dispute is considered under the civil procedural legislation of the Republic of Kazakhstan, and the claim seeks to establish a specific schedule and conditions of contact.

The claimant may be the parent living separately, or the parent with whom the child lives, if the other parent obstructs contact or withdraws from it. The defendant is the other parent or another person with whom the child is actually living. If the parents are not married, the matter is resolved between the biological parents, provided paternity has been established.

A schedule worded "where possible" or "as agreed" does not work in a dispute: the court and the parties must see specific days, times and the procedure for handing over the child.

Statement of claim for arrangements for contact with the child: structure and content

A statement of claim for arrangements for contact with the child is filed with the district court at the defendant's place of residence, or, if the child remains with the parent, at the child's place of residence. The introductory part states the court, the details of the claimant and the defendant, information about the child and the third party — the guardianship and trusteeship authority.

The descriptive part sets out when and why the parents began living separately, what the contact arrangements were and why they do not suit the claimant, with supporting evidence: correspondence, the child's class schedule, the opinion of the guardianship authority, witness testimony. The court assesses this through the interests of the child.

The prayer for relief states the specific schedule of meetings, the time, place and duration of contact, and the arrangements for school breaks, holidays and birthdays. The requests cannot infringe the rights of the other parent or restrict the child.

A ready-made template that ignores the child's age, school routine and activities is useless. Below are the mandatory parts of the document for checking.

• the name of the court and the details of the parties, information about the child and the third party;
• the circumstances: separate residence, the previous contact arrangements, the reasons for the dispute;
• evidence and references to the opinion of the guardianship authority;
• a request with a precise schedule of meetings and arrangements for school holidays;
• a list of attachments: copies of the claim, birth certificate, evidence;
• signature and date of filing.

Assistance in drafting a statement of claim and drafting the claim: what to pay attention to

A claim on the order of communication with a child is considered under the rules of claim proceedings. A typical mistake is a general request to "allow communication" without periodicity, place and duration of meetings. A court cannot issue an unenforceable decision, so the prayer for relief describes the schedule: days of the week, time, joint recreation, arrangements on holidays and school holidays.

The second mistake is mixing claims: on determining the place of residence, the order of communication and maintenance. Each requires its own calculation and evidence. Assistance in drafting the claim includes checking jurisdiction, the pre-trial procedure and identifying the defendant — the other parent.

It is checked whether a similar claim has already been filed and whether there is an agreement on the children. Reliance is placed on facts: who lives with the child, the distribution of responsibilities, the daily routine and attachments. The court does not accept unsubstantiated statements about obstacles.

• Documents confirming kinship with the child: birth certificate, court decision or other document concerning the parent.
• A certificate of place of residence and family composition, character references from the place of work and place of residence.
• Correspondence, messages, recordings of telephone conversations confirming refusal of communication.
• A visit report or opinion of the authority performing guardianship functions on the actual circumstances.
• Medical documents and information on the child's state of health, if this affects the schedule of meetings.
• Receipts and other confirmations of participation in the child's maintenance, payment for treatment, education, leisure.

A counterclaim on the order of communication with a child and a claim on determining the place of residence: how they are connected

A counterclaim on the order of communication with a child is filed by the parent with whom the child does not actually live, if the case already contains a claim by the other parent to determine the child's place of residence. The counterclaim is considered in the same case: both disputes concern the same child, the same parents and the same evidence. The findings on one claim affect the other.

The connection is direct. The parent filing the claim to determine the child's place of residence asks to establish the primary place of residence with them; the other parent by counterclaim asks to establish a schedule of visits, the order of participation in upbringing, the place and time of communication. If the claim is satisfied, the father retains the right to communication, and it is the counterclaim that shapes this right into specific days and hours. Without it, the order of communication is either determined by the court on its own initiative or remains unregulated.

• the counterclaim is filed after the initial claim has been accepted for proceedings
• it states the schedule of communication, the place, the procedure for handing over the child and participation in upbringing
• the claim must be connected with the initial claim, otherwise it will be left without consideration
• the court examines the housing conditions, the child's attachment, the routine and the opinion of the child protection authority
• simultaneous consideration excludes contradictory decisions on the place of residence and the order of communication

Application to the court on determining the child's place of residence: form and content

The application is filed with the district court at the defendant's place of residence, and if a minor lives with the claimant — at their own place of residence. The document is drawn up in writing: the name of the court, the details of the parties, the third party — the authority performing guardianship and curatorship functions, the subject of the claim — to determine the child's place of residence with a specific parent, information about the child, daily routine, school or kindergarten, housing conditions and the claimant's income.

The application states the circumstances confirming that living with the claimant meets the child's interests: attachment to the parent, familiar environment, the ability to create conditions for development and education. Obstacles are described separately: the child being kept by the other parent, conflicts, refusal to agree on the order of communication. If the dispute is already being considered, it is stated that the claim is made within the divorce case or as a standalone one.

• the name of the court and the details of the claimant, the defendant and the guardianship authority;
• information about the child: age, place of study or attendance at a preschool organisation, state of health;
• an indication of whom the child actually lives with and on what basis;
• a description of the claimant's living conditions, daily routine and work schedule;
• confirmation of income and the absence of circumstances preventing the upbringing of the child;
• requests to obtain evidence, summon witnesses and order an expert examination.

Setting the time for communication with a child after divorce: how the court forms the schedule

The court approves a schedule for communication with a child after divorce if the parents have not reached an agreement. The child's age, daily routine, place of study and the parents' work schedules are taken into account. The court sets specific days, hours and conditions for meetings, including joint holidays and video calls.

The arrangements for communication are determined on the basis of the report of the guardianship and trusteeship authority and the explanations of the parties. The child's attachment to each parent, the parents' moral qualities and the daily routine are taken into account. In the event of a conflict, the court may order communication in the presence of a third person or at a specific place.

The schedule varies from a few hours on weekdays and at weekends to alternating weeks. For young children, short daytime meetings are more often set; for schoolchildren, weekends, holidays and public holidays. The arrangements for communication may be set separately for the school term and the holidays.

The schedule is approved by the court on an individual basis and may be changed if circumstances change.

Court practice on determining contact arrangements with a child and the court decision

Courts proceed from the interests of the child, not the convenience of the parents. The ability of each parent to provide care, a daily routine, education and safety is examined. Age, health, attachment, work schedule, housing conditions and abuse by one of the parents are taken into account.

The schedule is set in specific periods: weekdays, weekends, holidays, school holidays, times for calls. The decision is binding on both parents; refusal to hand over the child at the appointed time is a violation. The court adjusts the schedule to take account of trips, treatment or exams.

The court reviews the report of the guardianship and curatorship authority, character references, witness testimony, housing inspection reports and a psychological assessment of the relationship with the child. A property division dispute does not affect contact arrangements.

The arrangements may be changed or cancelled if circumstances change substantially. Enforcement is supervised by the court enforcement officer; non-compliance entails administrative liability, revision of the schedule, restriction or change of contact time.

• The child's age, state of health, daily routine and proximity to the parents' place of residence
• The child's attachment to each parent and his or her opinion upon reaching a certain age
• Personal qualities of the parents: employment, work schedule, absence of abuse and violence
• Housing and living conditions created by each parent to receive the child
• The report of the authority performing guardianship and curatorship functions
• The possibility of free contact with relatives on each parent's side