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In England and Wales, your former partner should only prevent you seeing your child if they have obtained an order from the family court that allows them to refuse contact. If there has been no court involvement in your child’s life, your former partner should not stop you from having contact with your child.
However, the legal position does not always reflect the reality of arrangements for children, and the difficulties that can be caused when one parent causes difficulties or refuses to facilitate contact. If you are unable to reach an agreement on the matter, your last resort should be to commence court proceedings and have arrangements for your child determined by the court.
Parental responsibility means all the rights and responsibilities which by law a parent has in relation to their child.
A biological mother automatically has parental responsibility for her child, and a father automatically has parental responsibility if he was married to the mother when the child was born or has since married her.
An unmarried father automatically has parental responsibility for his child if he is named on the child’s birth certificate. If the father does not have parental responsibility, he can acquire this by entering into a parental responsibility agreement with the mother, or by applying to the court for a parental responsibility or child arrangements order.
Without parental responsibility a father does not have the legal right to make decisions about the child’s upbringing, or to spend time with the child.
It is open for parents to agree contact arrangements between themselves, at any time, irrespective of whether the father has parental responsibility, but it is advisable for any father who does not have parental responsibility, and wishes to secure access to their child, to seek advice from a specialist family lawyer as soon as possible.
At Sheridans, we have extensive experience working with parents who are struggling to agree contact arrangements for their child or are embroiled in other child related disputes. In England and Wales, there are various steps you can take to resolve disputes about contact. Depending on your specific circumstances and your relationship with your former partner, some approaches will be better suited to you than others, and we can help establish the right route for you.
After a separation or divorce, parents often assume that they will always have different opinions on things. However, as parents, you should always agree that you each want what is best for your child, and you will be surprised how having an open dialogue can help to resolve matters.
If you are on speaking terms with your former partner, we would encourage you to start a conversation about child arrangements, to see if you can reach an agreement between yourselves, as co-parents. For separated couples, direct conversations are often the quickest and easiest way to resolve any dispute about child arrangements and other child related matters.
Option 2: Discuss matters with a family solicitor
In some cases, conversations between separated parents may not be possible, or the conversation may break down for various reasons. If you cannot reach an agreement between yourselves, it is advisable to consult a specialist family solicitor who has experience resolving child related disputes.
A specialist family solicitor can assist in facilitating conversations, and proposing and negotiating arrangements that will be suitable and work for both parties.
Family mediation is a form of alternative dispute resolution (ADR) that assists parents to agree arrangements which are in the best interests of their child. During mediation, both parties voice their concerns and opinions on the situation, and a mediator, who acts as a neutral third party, is there to help facilitate communication and discussions,come up with options and see if agreement can be reached.
If an agreement is reached the mediator can help finalise a parenting plan, which sets out the contact arrangements for the child.
If an agreement cannot be reached in mediation, a court application can be submitted by either party to determine the issue.
An application to the family court for a child arrangements order should only be made if contact arrangements cannot be agreed and other methods of ADR have been attempted; ADR is now actively encouraged by the courts, and parties must explain how they sought to reach agreement in mediation, or cite an exemption to the requirement to mediate, when filing an application. This is because the court process can be a lot more time-consuming and costly for parents,emotionally challenging for all those involved and, most importantly, not in the best interests of the child.
If the case does go to court and an agreement is not reached at any point directly between the parties (any agreement will be recorded in a‘consent order’), the process can be lengthy and culminate in a final hearing,at which the court will make the final decisions on child arrangements,including with which parent the child shall live, and how often the other parent shall see the child, and record its decisions in a legally binding court order. As family law specialists, we can advise you on the likely outcome at a final hearing, and each stage of the court process.
In England and Wales, the paramount consideration of the courts is always the child’s welfare (often referred to as ‘the welfare principle’), and the court has a checklist of welfare considerations to factor into its decisions. Therefore, if the court sees one parent as a posing a risk of harm to the child’s welfare, it will do what is required to protect the child. However, in most cases, the courts strive to ensure that both parents get to see, and spend time with, their child, and order living and contact arrangements which are in the best interests of the child, and work on a practical level for both parents.
To find out more or discuss your personal circumstances, contact us or drop us an email at family@sheridans.co.uk. Our child arrangement solicitors will be happy to help with any child related matters.
