There are no set guidelines for ‘reasonable access for fathers’ to their children in the UK and the answer will depend on a range of different factors on a case-by-case basis. Ultimately, depending on the individual circumstances, a father may visit their child for a certain number of hours in a week, every weekend, every other weekend, or another type of arrangement.
Visitation rights for fathers are normally and preferably agreed directly with the parent with child custody or the person with parental responsibility, but sometimes this is not possible. If you need any help coming to an agreement (i.e. child arrangement) with your child’s custodial parent, or a person with parental responsibility for your child, please speak to a family law solicitor who can guide and support you through this process.
Visiting rights for fathers
Visitation rights (the right for a father to visit their child) are given to biological fathers who do not have full custody of their child. Visitation rights entitle fathers to:
- Spend as much time with their child as the child spends with their mother
- Dedicate specific days and times to be with their child
- Enjoy activities with their child
- Visit their child for the agreed amount of time without restriction
- Spend time with their child without supervision if it is considered safe for the child to do so
Stepfathers and unmarried fathers access rights
Whether a stepfather or unmarried father has access rights to their child or not will depend on a number of factors including whether they have parental responsibility. If a stepfather has legally adopted the child, they will normally have the same rights and responsibilities as the child’s biological parent, including visitation rights. On the other hand, if the child has not been adopted, stepfathers may not have automatic visitation rights. In this case, they may be able to enter into an agreement with the child’s biological parents or seek permission from the courts. See our article on step parent responsibility for more information.
When it comes to unmarried fathers’ visitation rights, it may first be necessary to establish paternity and parental responsibility. An unmarried father may have parental responsibility if they are named on the child’s birth certificate, or if a Parental Responsibility Agreement is in place. If an unmarried father has parental responsibility, they have the right to be involved in any major decisions about their child’s upbringing and well-being. However, this does not necessarily mean they have automatic visitation rights. Visitation rights as an unmarried father can agreed directly with the child’s other parent or by applying for a Child Arrangements Order, specifying the time he spends with the child.
Things to consider when agreeing on reasonable access
Unfortunately, while the law states that a child should have reasonable access to their father, it does not provide guidance on what this means. Ultimately, what is reasonable access for one family may be quite different to another family in the same situation. For example, if the father lives a long distance away from their child or if they work night shifts, this may impact the access arrangements made.
When discussing reasonable access with your child’s mother, it is always important to consider your child’s best interests, and factors such as their age, the working arrangements, and the child’s schooling. Both of these factors may determine whether you can have overnight access and how access during holidays should work. For example, if a child attends boarding school, regular overnight access will not be possible.
Other factors to consider include the care needs of your child. If they are still young, they will need constant care and access to a child-safe environment. Again, this may affect whether you should have overnight access.
As mentioned above, working arrangements may determine whether you can reasonably have weekend access or access every other weekend. Fathers who travel often for work and those who work offshore or abroad may have very limited time to spend with their children. In this situation, it is always important for the child’s other parent to be as accommodating as possible to allow reasonable access for the father to their child.
Disagreeing on reasonable access for fathers
Despite all best efforts, sometimes parents are simply not able to agree on reasonable access for the father to their child. If you and the custodial parent cannot reach an agreement on reasonable access to your child, you may need to seek the help of the court. Before doing so, mediation may provide a way to reach an agreement. Specially trained expert mediators are often highly effective at reaching agreements even in the most heated and difficult of family disagreements.
If mediation is not effective or suitable, you can apply for a Child Arrangement Order (CAO). By applying for a CAO, you are asking the court to make a decision on how and when you should see your child. If this is granted, it will be enforceable by the courts, meaning that the child’s other parent must allow the required amount of access to happen. If not, they will be in breach of the order and may face legal consequences.
Before applying for a Child Arrangement Order it is highly recommended to speak to our family law solicitors who specialise in father visitation rights. This is especially important because there are no set guidelines in this area of law and your case will need to be carefully prepared in line with the latest case law, to gain the best chance of success.
