What Can I Do if My Ex Has Stopped Me From Seeing the Children?

Family Law Solicitors

Over many years, our Family Team have dealt with clients who have been prevented from seeing their own children or grandchildren.

Sometimes, the children can be used as a weapon in order to obtain more money from you. We frequently have clients who tell us that their ex has said, “if you don’t give me more maintenance, then I am going to stop you from seeing the children.”

It is for this reason that the Children Act states that children have a right to see their parents and other relatives. This is whether or not you are paying sufficient money to the other parent.

However, you should not withhold money from your ex in order to control them in any way. How do you think your children will view you if they see their parents having to use a food bank because you have deliberately deprived the household of money?

Other reasons for a parent suddenly stopping contact is if they have met a new partner and decided they and the child have moved on as a family group and they no longer need you. This is unacceptable as far as the law is concerned.

Sometimes, a parent decides they are going to move to another part of the country and they will not negotiate with you as to how you are going to see your children once the move has taken place.

In such a case, we can ultimately make an application to the Court for a Prohibited Steps Order to prevent the move from taking place. Until such time as the court is satisfied that satisfactory arrangements are made for you to see your children.

At Emmersons Solicitors, we would start by writing to your ex-partner to explain the law and ask them to reconsider their position and ask them to instruct a solicitor of their own.

This can often lead to the resumption of contact between you and your child. If this fails we can then attempt Mediation and if this fails, we would make an application on your behalf to the Court. The fact that your ex has a new relationship with someone else is not a good reason to prevent you from seeing your children and this would be made clear to them at the first Court appointment.   

How Can You See Your Baby?

If you are not living with your partner and she has a baby, then we have often heard new mothers say that the father would have no idea how to look after the baby. However, there is no reason you should not be involved in bringing up your child, spending time with your ex-partner and the baby to begin with, especially if she is breastfeeding. Eventually, when the baby is no longer breastfeeding, there is no reason why you cannot spend extended time with your child leading to overnight contact and holidays etc.

It is really important that you seek legal advice at an early stage, so that you do not miss out on your baby growing up, as it can take a number of months to obtain the Court order if that is necessary. The faster you take action, the better for you and your child as it is really important that they are able to grow up with your involvement.

If you are having difficulty in seeing your child or grandchildren then the sooner you seek advice from our Family Law Team the better.

From the child’s point of view, it is far better if they can retain a good relationship with all of their family. They should not miss out on nice days out with grandparents because their parents cannot get along.

If you need any help with the issues raised here, contact our Family Law Team:

Family Law Solicitors Newcastle:  0191 284 6989

Family Law Solicitors Sunderland: 0191 567 6667

Email us: enquiries@emmersons-solicitors.co.uk

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