Child contact disputes – my ex is stopping me from seeing my kids
My ex is stopping me from seeing my kids is a common complaint our Family law solicitors deal with. When a relationship breaks down, it can be hard for parents to separate their feelings towards one another and make decisions that are solely in the best interests of the child(ren).
Our specialist team of Family Law solicitors can help clarify child contact rights and responsibilities and resolve child contact disputes as amicably as possible. The aim is always to achieve the best possible outcome for you and your child(ren).
Disputes over contact arrangements
We often have a parent come to us because they are struggling to get regular contact with their child(ren). They may feel that the other parent is being obstructive or is having an undue influence over the child(ren). In any relationship breakdown it is understandable that there are differing opinions. While we cannot prevent these, we can help you find a middle ground and work towards reaching an agreement. And if an amicable agreement is not achievable, we can help secure contact by using legal orders.
Can I be denied contact with my child
The starting point will always be for a child to have contact with both parents. Contact will only be denied in specific circumstances where there are safety and welfare issues that would make contact detrimental to the child, such as:
- domestic abuse
- criminal activity
- history of substance abuse (alcohol/drugs)
- other inappropriate behaviour that may put your child at risk
- other welfare concerns relating to the child(ren)
How can I make contact arrangements legally binding?
If you can reach agreement on child contact arrangements, and wish to make them legally binding, you can apply to the family court for a consent order. Your solicitor can help draw this up and make the application to the court. The terms of the order are then legally binding and enforceable.
If you cannot agree child contact arrangements with your ex, you can apply for a child arrangement order. In this instance, you will need to attend a Mediation, Information and Assessment Meeting (MIAM) first. For more information view our Childcare and the law video.
As with a consent order, the child arrangement order will set out details such as:
- who the children will live with
- where they will live
- how contact will be shared between parents
You can also apply for a specific issue order that can deal with certain aspects of the child’s upbringing, such as where they will go to school. Additionally, there is a prohibited steps order that would prevent the other parent from deciding about the child’s upbringing, for example preventing them from moving the child abroad.
Relationship breakdowns are not easy to navigate, especially when there are children involved. Advice and support from an experienced family law solicitor can help you find a way forward. Contact us today:
Tony Neocleous
E: tneocleous@bird-lovibond.co.uk
T:01895 256151
Victoria Payne
E: vpayne@bird-lovibond.co.uk
T: 01895 256151