How can I stop a father seeing his child?
Our child law specialist commonly advise and assist on the topic of how can I stop a father seeing his child.
Under family law, parental responsibility is a legal term that gives fathers the right to be involved in key decisions about their child’s upbringing, education, and welfare. Parental responsibility is automatically granted to married fathers, while unmarried fathers can acquire it by being named on the birth certificate. The Children Act 1989 establishes that the welfare of the child is the court’s top consideration, and the law assumes a child benefits from a meaningful relationship with both parents unless there is evidence that contact would put the child at risk of harm. There is no automatic right for a parent to have contact; the child’s welfare is always paramount.
The general presumption under English Law is that both the mother and father of a child should be involved in the child which is in the best interests of the welfare of a child. Therefore, your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child’s welfare. This also applies to mothers who consider stopping father seeing child.
This also applies to mothers who consider stopping father seeing child.
Common reason for stopping father seeing child?
Many mothers often question how can I stop a father seeing his child?
A mother can only stop a father seeing their child if there are safeguarding concerns or welfare concerns, meaning the child is at risk of exposure to circumstances or behaviour that presents a safeguarding issue or affects the child’s safety and well-being. The concerns which usually fall under this category are:
- criminal activity
- domestic abuse
- drug/alcohol
misuse - any other inappropriate behaviour that puts your child at risk
You must prove a serious risk to the child’s safety and well-being to deny contact. Evidence of physical, emotional, or sexual abuse, or unmanaged substance misuse that impairs the father’s ability to care for the child, can be a justifiable reason to restrict contact. Domestic violence or abuse directed at the child or resident parent is also a valid reason to restrict contact.
If any of the above apply the courts will not be reluctant in stopping father seeing child.
This will last until the issues have resolved or there has been a further change in circumstances.
Unless these special circumstances apply the mother will not be able to stop a child seeing her father given that the law promotes the relationship of both mother and father. As well as the parents having a right to see their child, the child has a right to see both parents and receive the love and care of both parents.
Not good reasons for stopping father seeing child
Some mothers wonder can I stop my child seeing her father. It is important to note that contact should only be refused where there is a justifiable reason, such as a risk to the child’s welfare or safety.
This is particularly the case where there is a risk of violence or safety issues. Simply stopping father seeing child because there were delays in returning or collecting a child for contact is not a good reason to stop a father seeing his child. There may be occasions where the father has failed to carry out a scheduled contact session with a child. This is unlikely to be a good reason for stopping a father seeing his child. Invalid reasons to stop contact include general disagreements or the father being occasionally late.
Quite commonly family lawyers are asked can I stop my child seeing her father if the father refuses to pay child support. Again, refusal or failure to pay child maintenance is not a valid reason for preventing a father from seeing his children. The court will not stop contact over personal disputes or missed child maintenance payments.
Child support which is also known as child maintenance is a separate issue to child contact. A child’s contact cannot be withdrawn on the basis of issues with child support payments. It is the legal right of the child to have contact with both parents which is beneficial to them and this includes contact with the father.
The options available to the court when stopping father seeing child
When considering the welfare of a child, the courts will make a decision about whether to stop a father seeing a child. The court will only deny contact entirely in exceptional circumstances where there is clear evidence that any form of contact poses a severe risk of harm to the child. Judges may also opt for alternatives to a total ban, such as supervised contact or restricting contact to digital means. When applying for a court order regarding child contact, the court will consider the ‘welfare checklist’, which includes the child’s physical, emotional, and educational needs, as well as any potential harm the child may face.
Other options available to the court are:
- How long a parent can spend time with the child – whether or not any overnight contact is awarded or the duration of the contact itself.
- When a parent can spend time with the child – this could be during the week, weekends, school holidays, special occasions, or festivals.
- How contact takes place – this can be through supervised contact, unsupervised contact, at a contact centre, or at home.
- The type of contact – such as direct physical contact, or indirect contact such as letters, emails, or phone.
In the UK, a Child Arrangements Order is a court order that legally sets out who a child lives with, who they spend time with, and the terms of contact, ensuring the child’s welfare is prioritised. If there is an existing child arrangements order, any changes to the contact arrangements or where the child lives must be made through the court. The law promotes an active relationship of both parents with the child, but contact and access can be stopped or restricted when the courts consider the welfare of the child.
The courts can therefore stop a father seeing his child if it affects the welfare and interest of the child, but this is only done in rare and serious cases.
Can I stop a father seeing his child if his partner is abusive or violent?
As previously stated, it is the right of the child to have access and contact with both parents. Furthermore, if the father has parental responsibility, he has a right to have a say about the child’s upbringing and welfare. The father is also able to see the child without any restrictions on how the contact sessions are held.
If the father’s partner is abusive or violent, this raises safeguarding concerns regarding your child’s welfare. There are steps that can be taken to restrict the contact your child has with the father’s partner, addressing the safeguarding concerns rather than stopping the father from seeing his child. An application could be made to the family court for a prohibited steps order, which can be used to prevent a father from carrying out specific harmful actions, such as allowing the child to have contact with his partner. In this situation, you would need to convince the court that it is in your child’s best interest not to meet their father’s partner and how any contact with the father’s partner can impact your child.
If you are successful in securing a prohibited steps order, this will prevent the father of the child from allowing the children to meet his partner unless ordered by the court.
In the case of an abusive or violent new relationship, you will not be able to stop a father from seeing his children unless the father himself is abusive or violent and is at risk of causing harm or abuse to the children.
Can I stop a father seeing his child if the child no longer wants contact or refuses to go
There may be occasions where a child no longer wants contact with their father or refuses to go to see their father. In such situations, a mother should try and understand the child’s wishes and the reasons behind them, rather than immediately stop a father seeing his child. The courts place the child’s best interests and welfare as the most important factor when determining any child issues, and heavily evaluate the child’s perspective and needs when assessing contact arrangements. It is therefore important that any concerns or issues raised by the child are listened to and discussed with the father.
If at all possible, the mother should discuss the issues with the father and share the child’s concerns. The conversation should aim to assist the father in better understanding the reasons for his child refusing contact so the father can consider making changes.
If, following these discussions, the child still refuses to see their father, then an application can be made to the court to amend the current contact in place. The courts take the child’s welfare and wishes into account, and in certain circumstances—such as where there are welfare or safety concerns—the court may give more weight to the child’s wishes. However, it would need to be proved that the current contact with the father is detrimental. The child’s opinion of not having contact is alone not sufficient, as the courts recognize the importance of both parents being involved in the child’s life.
There may be other considerations which need to be given to a situation where a child no longer wants contact or refuses to go to a contact session with the father. Mothers should promote a child’s contact with the father to avoid there being any issues of parental alienation. Although a child may not want contact, a father may try and argue the mother is alienating the child which could cause more issues.
Can I stop a father seeing his child if the child is scared?
There may be occasions where a child has had regular contact with their father and suddenly is scared or afraid to go to contact. As a result, you may want to stop your child seeing her father. In these situations, the court will consider the child’s physical and emotional well-being when making decisions. The mother should try to ascertain the reason as to why the child is scared, and the father should also be consulted to try and resolve the issue. Sometimes, the child may simply be going through a phase, but there could also be genuine welfare concerns that need to be addressed.
A mother cannot stop a father seeing his child unless the court orders to do so. The child’s safety, welfare, and best interests are the primary legal and ethical principles in deciding whether to restrict contact.
If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence to demonstrate a serious risk to the child’s safety and well-being. Welfare concerns must be substantiated for the court to consider restricting contact.
How can I stop a father seeing his child without going through a family court?
A common occurring question is whether a mother can stop a father seeing his child without going through a family court. The key consideration in deciding whether you could prevent a father from seeing his child is whether the father has Parental Responsibility. Parental responsibility grants a father all the legal rights and responsibilities for their child. Where a father does not have parental responsibility over a child then a mother can stop a father seeing his child.
If a father who is not in receipt of parental responsibility wishes to have contact with their child they would first need to establish parental responsibility via the courts by obtaining a parental responsibility order. Once the father has established parental responsibility then an application can be made to the court for child contact.
If a father has parental responsibility over a child a mother may still be able to stop a father seeing his child without going through a family court if both the mother and father are amicably able to agree the same.
How can I stop a father seeing his child if there is a Court Order in place?
A key point to note is that if there is an existing child arrangements order in place, it legally sets the terms of contact between the parents and the child. Stopping the father from seeing the child in breach of this order can constitute a failure to follow a court order. Breaching a child arrangements order without a reasonable excuse may result in penalties such as financial fines or being required to attend a Separated Parents Information Programme, and could lead to a mother being in contempt of court.
Therefore, if a mother is looking to stop a father seeing his child without a valid reason this can have significant implications. In such a scenario, the father can revert back to the court for enforcement of the existing child arrangements order. This could potentially lead to an enforcement order against the mother, a prison sentence or a fine amongst many other powers the court has.
If, however, the current child arrangements are not working, the matter can be referred back to the family court. If mediation fails to resolve the dispute, a parent can make a court application to the Family Court for a Child Arrangements Order, which is legally binding and outlines the terms of contact between parents. The court application for a Child Arrangements Order costs £263, but fee remission is available for low-income applicants. A family’s circumstances may change, the behaviours of one of the parents can change, or the child may no longer want contact with a father. In such instances an application can be made for a variation order.
Common reasons for a variation order are where parents struggle to comply with terms of the order, the child doesn’t wish for contact with a parent, or where one parent is relocating. Following such an application the courts will consider the change in circumstances and if applicable amend the current arrangements in place. Again, as with the initial procedure the courts will consider the best interests and welfare of a child before making a further order.
If a father has parental responsibility over a child a mother may still be able to stop a father seeing his child without going through a family court if both the mother and father are amicably able to agree the same.
Warnings about stopping father seeing child
If you are a mother who is looking to stop a father seeing his child, it is important you thoroughly consider your position. You may be feeling bitter following a divorce or separation and may want your former partner completely out of your life. However, it is important that you allow the father access to see his child. It is the right of the child to have access to both parents unless there is risk of harm or abuse.
If you feel contact of your child with the father is likely to be of significant detriment to your child, then you should immediately seek legal advice on stopping father seeing his child.
Family lawyers will be able to assess whether you are in your right to stop contact and will be able to assist you in stopping contact.
If there is no valid reason to stop a father seeing his child, then you may be jeopardising a father relationship with a child which could lead to an enforcement order or even of allegations of parental alienation.
It is therefore important that whatever the scenario is you obtain legal advice to ensure you are not breaching any orders. Obtaining legal advice early when considering stopping father seeing child can help you save time and money. Together with your legal adviser you may be able to mutually make alternative arrangements with the father and avoid the expense and time of going to court.
Consult legal advice on stopping a father seeing his child if you have concerns
We would always encourage and promote contact with fathers, where possible, and only recommend stopping contact only if it is in the child’s best interests. Ultimately it’s a child’s right to have access to both parents.
If you are looking to stop the father of your child from seeing their child due to one of the concerns mentioned, then you should seek assistance from family lawyers. Contact us today on 0330 094 5880 or let us call you back to arrange an initial no obligation consultation and speak to us to assist you in resolving your child law dispute.
