Can My Ex Stop Me Seeing My Children?
Posted on in Family Law
If your ex-partner has stopped you from seeing your children, you do have options as a parent. Below is an overview of the legal framework in England and Wales, as well as steps you can take to address the situation.
Parental Responsibility
Parental Responsibility (PR) is a legal term defined under the Children Act 1989. It refers to “all the rights, duties, powers, responsibilities and authority” a parent has in relation to their child. PR can be acquired automatically or through specific legal routes, such as being registered on the child’s birth certificate.
Having PR means being involved in making important decisions about your child’s upbringing, such as their education, healthcare, and religion.
It also includes a parent’s ability to protect their child, which in some situations may involve stopping contact with the other parent. However, this should only be exercised where there are genuine, evidence-based risks of harm posed by such contact.
Presumption of Parental Involvement
As it currently stands, there is a legal presumption that, unless the contrary is shown, a child’s welfare is best served by having both parents involved in their life. This presumption applies only if the parent’s involvement does not put the child at risk of harm. “Involvement” can be direct or indirect and does not necessarily mean an equal division of time.
Resolving Contact Issues
Parents are encouraged to reach an agreement about contact arrangements for their children. Mediation should be considered as a first step, and in most cases, attendance at a Mediation Information and Assessment Meeting (MIAM) is required before making a court application. Exceptions to this requirement exist, such as where mediation is deemed unsuitable or unavailable within specified timescales.
If discussions or mediation fail, a parent may need to apply to the court for a Child Arrangements Order.
Child Arrangements Order
A Child Arrangements Order can determine:
- Where a child should live; and
- Who the child should spend time with and when.
The court’s paramount consideration is the welfare of the child. To assess this, the court applies the “welfare checklist,” which includes factors such as the child’s wishes and feelings (depending on their age and understanding), their physical and emotional needs, and any potential harm they may face.
The organisation CAFCASS (Children and Family Court Advisory and Support Service) is often involved to provide recommendations to the court based on the welfare checklist.
However, the court’s primary focus will always be the welfare of the child. If the court determines that any form of contact, including indirect or supervised contact, would not be in the child’s best interests or would place the child at risk of harm, it may decide that no contact is appropriate.
Breach of a Child Arrangements Order
If a Child Arrangements Order has already been made but your ex has stopped you seeing the children, against the terms of the order, this may require an urgent application to enforce, and you should seek legal advice as soon as possible.
Breaching a court order can have serious repercussions.
How Can Tozers Help?
If you are in a situation where your ex-partner has stopped you from seeing your children, Tozers can provide tailored legal advice based on your specific circumstances. We can assess your options and guide you on the best route to take, whether that involves mediation, court proceedings, or enforcement of an existing order. Seeking legal advice at the earliest opportunity is recommended to ensure the best outcome for you and your children.