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If you’re hoping for overnight contact, you’re not alone. Courts in England and Wales start from the belief that children do best when they have meaningful relationships with both parents. Unless there’s a real risk to safety or it’s clearly not in the child’s best interests, judges want contact to happen—and that includes overnights.
The Court’s Approach: Pro-Contact, But Child-Focused
Judges are generally supportive of overnight stays, especially if Cafcass recommends them or there’s a history of successful overnights. The court will look at the bigger picture: is your home safe? Have you been reliable with contact? Will school runs and routines work smoothly? If you’ve had issues in the past—alcohol, drugs, or trouble with the law—what matters most is showing you’ve learned from it and made positive changes. During proceedings, it’s best to avoid alcohol and recreational drugs altogether when your child is with you. Courts also want to see you’re willing to co-parent and keep things civil.
What You’ll Need to Show
Your home is safe for a child.
You’ve stuck to contact arrangements and built trust.
School pick-ups and drop-offs won’t be a problem.
Any past mistakes have been addressed, with evidence of change.
No alcohol or drugs during contact, especially while the case is ongoing.
You’re open to working with the other parent.
How Overnight Contact Usually Progresses
Overnights aren’t handed out all at once—they’re usually increased step by step, depending on your child’s age and needs:
Newborns: Overnight stays are rare.
Age 2: Courts may allow 1–2 nights a week.
Ages 3–4: Weekends and special occasions like Easter or Christmas.
Age 5+: Longer stretches, including a week or two during school holidays, plus regular weekends.
Practical Considerations
The judge will consider your ability to do school runs, the distance between homes, your work schedule, and how well you’ve stuck to contact as things progress. Consistency and reliability are key—show you can manage the practical side and keep your child’s welfare front and centre.
In short, overnight contact is very much possible if you can demonstrate safety, stability, and a child-first approach. The more you can show you’re ready, the more likely the court is to support overnights—especially with Cafcass backing you up. And if you’re ever unsure, just focus on what’s best for your child and keep building your case, step by step.
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