Is It Safe to Allow My Ex To See The Children?

Family Law Childrens Act - Solicitors Newcastle and Sunderland

Under the Children Act it is the right of any child to see their parents, grandparents and other relatives. The Children Act is an important concept, it is designed to maintain childrens’ relationships with all relatives despite the views of their parents or grandparents.

However, occasionally, children suffer so much because of the behaviour of one of their parents that the Court determines that that parent should not continue to see the children.

For example, domestic violence in front of children, sexual abuse of a parent within earshot of children, domineering and demanding behaviour towards children, failing to take into account their fear or causing fear. Clearly, if a parent has physically or sexually abused a child, then the Court would seek to protect the child from that parent

Do not assume that all abuse is caused by men in the household. Over the years, we have seen many instances of women being violent towards their husbands or wives; in some cases, our male clients have been stabbed; we have had many instances where a mother has serious mental health problems and seeks to control or belittle her spouse and the children. This behaviour can have long-term mental health effects on children. We have also seen drug use and alcoholism amongst women, which can result in emotional or physical abuse against children.

In accordance with the law, we always encourage parents to allow their child or children to see their other parents or grandparents. Inevitably, if you prevent your ex-partner or their parents from seeing your child or children, they are likely to make an application to the Court.

Such cases can be very stressful. However, we are here to support you. A specially trained Court welfare officer will want to speak to the children and both parties to try and understand what has happened. It may also be necessary to obtain medical reports. In rare cases, the Court may prevent face-to-face contact with the children in order to protect them and allow them to grow up without continual fear.

The Court makes its decisions as to who the children can see, where they will live, how often they will stay overnight with family members, using the Welfare Principle contained within the Children Act. The Court will focus solely on the needs of the child and what is best for them. The Court is able to consider alternative means of contact, such as video calls and letters between parents and children.

Sometimes, the Court will also build in protections for a parent who may not wish to engage in arrangements for children following a history of abuse. An example would be a third-party family member or friend helping to facilitate contact between child and parent.

All of our Family Lawyers have experience helping parents navigate the difficulties that may arise both at the point of separation and years later.

It may be the case that one parent starts a new relationship which causes problems for the children or problems begin when the children become teenagers and start to speak out about the way the parent is treating them.

Children are not the property of the parents and do have their own rights. Notably, once a child reaches the age of 11, the Court will take into account their views regarding seeing a parent far more than they would for, say, a 6-year-old. Sometimes a parent may need guidance as to how to treat their teenage children and to accept as they grow older they will spend more time away from home than with their parents.

If you need any help in relation to any issues surrounding their contact with you or other relatives then please do not hesitate to contact us.

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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