It is important to understand that fathers have the same legal rights as mothers and cannot have access to their children removed without good reason. Access may be removed from a father, for example, if there is a history of domestic abuse, alcohol or drug misuse, or inappropriate behaviour towards the child.
According to the law, parents should be given ‘reasonable access’ to their children. Unfortunately, there is no single definition of ‘reasonable access’ because this depends on the unique circumstances of each family. Section 1 of the Children Act 1989 makes it clear that any decision about access must be based on the welfare of the child. In most cases, it is in the best interests of both parents to have access to the child. The exact amount of access should preferably be discussed and agreed upon between the mother and father of the child. This may mean that access is agreed upon once a day, one or two days per week, or perhaps less frequently.
Reasons to refuse child access
Access to a child may be refused if contact is not in the best interests of the child. Access may not be in the child’s best interest if a mother or father has:
- A history of alcohol or drug abuse
- Abused or perpetrated domestic violence towards the child, the other parent, or a sibling of the child
- A history of criminal activity
- Behaved inappropriately in a way that the child at risk of harm
Please note this list of reasons to refuse child access is not exhaustive. If you have strong reasons to deny overnight visitation or reasons to stop child contact, it is important to speak with a family solicitor who can advise you in the first instance.
Invalid reasons to refuse child access
Child access cannot be removed from a mother or father simply because:
- The mother and father have separated
- A parent has child custody
- A parent has not paid child maintenance/support
- A parent has regularly been late when picking up the child or returning them home based on the agreed contact arrangements
- A parent has not spent regular time with the child (this is even if there is an access arrangement that states they will have regular access)
Can a mother stop the father from seeing the child in the UK?
A mother cannot simply stop a dad from seeing their child or deny child contact such as overnight visitation. Unfortunately, it is not uncommon to see mothers refusing a father to see their child without good reason. Ultimately, fathers have the same legal rights as mothers to access their child. If a mother has strong concerns that mean the father should be prevented from seeing their child (e.g. due to risks to the welfare of the child), they must follow the proper legal process for child arrangements.
If a court order is not in place preventing access, where possible, you should try to reach an agreement with your ex-partner first. If this is not possible, a trained mediator may be able to help you and your ex-partner reach an amicable agreement. If you can agree with the help of a mediator, it is important to have a ‘consent order’ drawn up detailing the agreement – this must be approved by the Court, at which point it becomes legally binding.
If you cannot agree or you are concerned about the child’s safety or welfare, you can apply to the Court for an order preventing the father from having access to your child. Remember, following the proper legal process is essential. If a mother does not allow the father to see their child, without a court order, the father may be able to file a complaint to the Court.
Denying child contact without a court order
A mother may be able to deny a father access to their child if there is an active child contact or child arrangement order in place and there is a genuine risk to the safety and welfare of a child because of the arrangement. In this case, the mother will need the permission of the Court to prevent access to the father. If no court order preventing access is in place, the father can apply to the Court to have the existing order enforced. In cases where the mother is not letting the father see his child, the Court may agree to issue an enforcement order. It must be shown that they have breached a child arrangement or child contact order, and there is no good reason for doing so. If this is the case, the Court may refer the parties to a separated parents information programme (SPIP), vary the arrangement order, issue a fine, or even consider prison.
Without a court order, a mother can not legally deny a father access to their child. In order to deny child contact, there must be a genuine risk to the safety and welfare of a child. If a someone is posing an immediate risk to the child, you can request for an emergency order to prevent child access without delay.
If no court order preventing child access is in place, the father can apply to the Court to have the existing child arrangements enforced. In cases where the mother is not letting the father see his child, the Court may agree to issue an enforcement order. It must be shown that they have breached a child arrangement or child contact order, and there is no good reason for doing so. If this is the case, the Court may refer the parties to a separated parents information programme (SPIP), vary the arrangement order, issue a fine, or even consider prison.
