When parents can't agree: why contact persons matter in child custody disputes

Family disputes over child custody and contact arrangements remain a significant share of civil cases in Latvian courts, and when separating parents cannot reach agreement, such disputes often turn into lengthy litigation. Judge Ieva Bāliņa writes about the role of the "contact person" institution in these cases.

When a third party is needed

Courts may order that a parent see their child only in the presence of a designated contact person, when this is necessary to protect the child's interests. Such arrangements may be needed if a child has not seen one parent for a long time, if there is a risk of violence or concern about unlawful removal of the child to another country, or if parental conflict has reached a point where they cannot even calmly hand the child over to each other. A contact person may supervise meetings to protect the child, help rebuild a relationship, or simply ensure a safe handover without drawing the child into the conflict.

A psychologist is not always required

A contact person does not have to be a psychologist — it can be a professional or someone familiar to the child, such as a grandparent, provided they can remain neutral. In high-conflict cases, a professional is usually more suitable. The other parent cannot serve in this role. If parties cannot agree on who should act as the contact person, the child protection authority (bāriņtiesa) must provide a representative to ensure contact takes place.

Costs and practical enforcement

Professional contact persons charge for their services, and courts must decide how these costs are divided between parents based on their financial situation. Bāliņa emphasizes that court rulings must be practically enforceable, with clearly defined location, time and procedures, so the child does not become a mediator in the parents' conflict.

The author calls for support to be available before disputes reach court, such as a pre-litigation service combining mediation and psychological support, as well as support groups for children in similar family crises, modeled on practices in other countries.