My ex won’t let me see the children

During divorce and separation, it is important to try to always act in the best interests of any children. Unfortunately, at a time when emotions are running high this can be challenging. Sometimes the resident parent (the parent the child lives with), can make it difficult for the non-resident parent to see their children. For those that find themselves in this situation, there are various options available to you.

Can an ex stop a parent from seeing their child?

In short, the answer is no. Anyone with parental responsibility for a child should be able to enjoy building a meaningful relationship with them. More information on parental responsibility can be found here https://www.tisshawssolicitors.co.uk/what-is-parental-responsibility-and-what-are-child-arrangements-orders-caos/

Welfare concerns

The only valid reason for one parent to prevent child contact is where there are genuine concerns for the child’s welfare, such as evidence of drug or alcohol abuse, domestic abuse, criminal or inappropriate behaviour. If this is the case, the concerned parent needs to take the evidence to the court who will decide on the level of risk before making a court order to decide on appropriate levels of contact.

In this instance, the court will usually ask you both to work with the Children and Family Court Advisory and Support Service (CAFCASS) who will prepare a report examining safeguarding issues.

How to reach an agreement

If there are no genuine welfare concerns, both parents must accept that it is in their child’s best interests that they spend time with them both. If possible, you should sit down together with a calendar to decide on contact time and dates. If this is not possible, a trusted friend may be able to facilitate such a discussion. Alternatively, using a trained family mediator can help you to reach an agreement.

In this scenario, you will both be invited to attend a Mediation Information & Assessment Meeting (MIAM) which you attend separately. After this, mediation sessions can be scheduled with you both present. If you cannot be in the same room together, the mediator can shuttle between two rooms, so any contact between you is kept to a minimum.

Going to court

If mediation breaks down, you can make an application to the courts to see your children but to do this you have to have attended a MIAM, to show the court that you have tried to resolve the issue between you. Applying to court must be a last resort because it will increase both hostility and stress, not to mention end up being a costly and lengthy process.

As every child contact dispute is different and personal circumstances are varied, we would always urge both parties to seek the advice of a family solicitor, to ensure matters are resolved as appropriately and quickly as possible.

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.