If you are going through a divorce or separation, you may prefer that your child does not see their father. This could be because you have concerns about how the father will care for your child, what your child will be allowed to do during their time together and who else they will see. On occasion, there could be more serious concerns about a child’s welfare.

We take a look at whether it is possible to stop a father from seeing his child and what position the courts are likely to take.

When can the court stop a father from seeing his child?

The courts take the view that it is important for a child to have a meaningful relationship with both parents unless there is a good reason to stop this from happening. This would generally be a reason that is likely to impact the child’s welfare.

The court may consider stopping contact with a father in the following circumstances:

• Where they are engaged in criminal activity
• In the case of domestic abuse directed at either the mother or the child or abuse that occurs in the presence of the child
• Drug or alcohol problems
• Any other behaviour considered a risk to the child’s wellbeing

The following are not valid reasons for stopping contact, although you should take legal advice if you are experiencing them:

• Failure to adhere to a child arrangements order, for example, not sticking to the agreed times and dates for contact
• Not paying child maintenance
• Not turning up to see the child as agreed

You can learn more about the UK court’s position on Father’s Rights here.

A court order preventing contact

The court’s primary concern in making any order is the welfare of the child. The court will consider any allegations that have been made against a parent along with the evidence of this. The Children and Family Court Advisory and Support Service (CAFCASS) is likely to be asked to prepare a safeguarding report looking at the parent’s behaviour and assessing any risk to the child. A hearing could also take place to look at the allegations that have been made. The following points will be considered:

• The possible motivation of the parent making the allegations and why they might want contact stopped
• The effect stopping contact would have on the child and their relationship with that parent
• Whether the behaviour complained of has occurred
• The likely behaviour of the parent while they are spending time with the child and what effect it could have on the child
• The current situation, including how the parties behave towards each other and the effect any abuse is having on the child
• Whether the abuse is likely to continue

The court only rarely makes an order preventing contact. If it does, it can prohibit all forms of contact, including telephone calls and emails as well as contact through a third party. It may also order the parent concerned to stay away from the child and their home.

Alternatively, contact arrangements could be made that protect the child, for example, changing the place where contact takes place or ordering supervised contact at a child contact centre where staff can oversee your child’s other parent while contact takes place.

It is open to the court to change the child arrangements later on if the situation changes.

Stopping a father from seeing his child

It is sometimes the case that a child’s mother will prevent the father from having contact with the child, for example, by not dropping the child off at arranged times and by stopping telephone calls.

Where a child arrangements order has been put in place by the court, this should be followed unless there is a valid safeguarding reason not to. Breaching an order of the court will be taken seriously and penalties could be imposed on a parent for failure to follow the terms of the order.

Additional FAQ

Can my ex stop my child from seeing my new partner?

Unless there is a safeguarding concern, it is not possible to prevent your ex from introducing your child to their new partner and spending time together. You could try talking to your ex and asking them to see your child alone, at least in the short term, but they do not have to agree to your request.

If you believe your child is at risk from your ex’s new partner, you should seek legal advice or, if the threat is immediate, contact the police.

Can I change my child’s school without the father’s consent?

A parent should not change their child’s school without the consent of all individuals with parental responsibility for the child. This extends to other major decisions such as medical treatment, holidays abroad and changing a child’s name.

If you and your child’s other parent are unable to agree, you will generally be advised to seek mediation. If you are still unable to reach a solution, it is possible to ask the court to decide the matter and make a specific issue order, such as a prohibited steps order.

For more information in respect of child contact and custody, see our article Divorce and Children.

Contact our divorce solicitors

At Witan Solicitors, our family law team has extensive child law expertise. If you are going through a divorce or separation and you are concerned about whether you will be able to spend the time that you would like with your child, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to advise you of your rights and help you achieve the outcome you want. We have offices in Birmingham, London and Northampton.