Can My Ex Stop Me From Seeing My Children?

If and your partner are separated or divorced, they may try to prevent you from seeing or having contact with your child. There are steps you can take to prevent this.

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Please note: this article describes the legal position in England and Wales. Not all the information applies to Scotland or Northern Ireland.

If you break up with your child’s other parent, ideally they can continue to see both parents regularly. Hopefully, you will reach a mutual agreement on who they should live with.

Unfortunately, this is not always possible. You may find yourself in a situation where your ex-partner stops you from seeing your child. If so, what can you do about it?

Can I call the police if my ex stops me seeing my child?

In some cases, an ex not allowing another parent to see their child may raise concerns about the child’s safety. Sometimes, a parent may also breach an existing court order that sets out contact arrangements by stopping the other parent from having access to the child.

You can contact the police and ask for support if you believe your child is at risk or a court order has been breached.

What can I do if my ex-partner doesn’t want me seeing my child?

Your ex generally cannot stop you from seeing your child unless a court decides there would be a risk of harm to them. This may not help if your child is too young to make their own decisions about seeing you. However, legal action should usually be treated as a last resort, as it can be expensive and may create more bad feeling between you and your ex.

1. CAFCASS

The Children and Family Court Advisory and Support Service may be able to assist you. They can help you create a Parenting Plan to determine the types of contact that will work for both parents. This may include overnight stays or meeting for a set time each week.

If you are left with no choice but to go to court, you will usually be expected to have tried a Parenting Plan first.

2. Parenting Plan

A Parenting Plan can also help more generally with matters relating to your child’s education and healthcare. Under the Children Act 1989, if you have parental responsibility, you have the right to be involved in these decisions.

A child’s mother automatically has parental responsibility, and a father usually will as well. However, parental responsibility does not automatically mean that you have a right to see your child.

3. Contact Proposal

If your ex will not cooperate with a Parenting Plan, another option is to ask a solicitor to write a letter setting out your contact proposals and negotiate with your ex. This can make it clear that you are treating the matter seriously and are prepared to pursue all available options.

4. Mediator

Alternatively, a family mediator may be able to help you agree access arrangements with your ex. However, if there has been domestic violence or other abuse in the past, mediation is usually not suitable.

A mediator is trained to help both parents reach an agreement through discussion. A mediation agreement has no legal force, but a solicitor can help you apply to court to make it legally binding.

Legal aid to use a solicitor for family law matters is only available in very limited cases, so you will probably need to consider the legal costs carefully.

5. Child Arrangements Order

If other methods are unsuccessful, you can apply to court for a child arrangements order. These replaced residence orders and contact orders. If you already have one of these older orders, you do not need to reapply. A child arrangements order will set out how often you can see your child and where.

Your child’s welfare will be the court’s main concern. The court will not grant an order in your favour unless doing so would be better for the child than making no order at all.

However, courts consider a child’s contact with their natural parents to be important. They will usually only refuse access completely if they believe there is a possible risk of harm to the child.

Court action does not guarantee the outcome you may be hoping for. Hearings may decide that your child should stay with you for part of the time, or that they can spend time with you each week. In some cases, only indirect contact such as phone calls may be allowed.

What to do if your ex doesn’t return your child?

When an ex-partner fails to return a child as agreed, it can be a distressing and complex situation. Understanding the legal and practical steps to take is important. You will want to ensure the child’s safety while also protecting parental rights.

Can a dad refuse to give a child back?

Whether a father can legally refuse to return a child is a significant concern in custody disputes. Understanding the legal implications and the rights of both parents in this situation is essential. Resolving these conflicts is usually in the child’s best interests.

Can my child’s mother stop me from seeing my child?

Issues surrounding parental access are common in separated families. Understanding the legal rights and limitations when a child’s mother tries to prevent contact is important for fathers who want to maintain a relationship with their child.

What can I do if my ex won’t let me talk to my child?

Being denied communication with your child by an ex-partner can be emotionally challenging and legally complex. Understanding the options available to address this issue is important for parents who are having difficulty maintaining contact.

If you are unable to reach an agreement or want legal help with your child custody case, compare prices for family law solicitors near you.

Can My Ex Stop Me From Seeing My Children?

Can I call the police if my ex stops me seeing my child?