Can I see my children on father’s day?

• Posted onJune 12, 2020

With over 2.5 million separated families in the UK in 2022, it is unsurprising that many people seek legal advice about spending time with their child on special occasions throughout the year such as Father’s Day.

What are a father’s rights to see his child?

This is a very common question asked by worried fathers when first seeking legal advice following a separation. The basic answer to this question is that it is the right of the child to have an ongoing relationship with both parents so long as it is safe and in their best interests to do so.

It is firstly important to establish whether you have parental responsibility for a child. Mothers automatically have parental responsibility for a child from birth. Fathers usually have parental responsibility if they are married to the child’s mother or they are named on the child’s birth certificate. A father can apply to the Court for a Parental Responsibility Order if necessary.

Having parental responsibility means that you have all the rights, duties, powers and responsibilities in relation to that child and should consult any other person who also has parental responsibility about the major decisions in the child’s life, including decisions about schooling and medical treatment for example. That includes making decisions about who the child lives with and when they spend time with the other parent.

If you have parental responsibility for a child but do not live with them, it does not mean that you have a right to spend time with them. When parents are no longer living together, it is necessary to decide who the child will live with, when the other parent can see them and how responsibility for the child will be managed.

If you both have parental responsibility, those decisions should be made together. Parental responsibility is shared 50:50 and you both need to agree on any major decisions or the court needs to make the decision instead. In law, neither parent is able to force their decision on the other.

If one parent does not have parental responsibility, then the parent with parental responsibility has the legal power to make all of the decisions by themselves. But, that does not mean that there is nothing you can do. All of the options we talk about below are still open to you.

Can anyone stop you from seeing your child?

Sadly, we hear all too often how one parent has prevented the other parent from seeing their child. Contact should only be refused where there is a very good reason for doing so such as where the child is likely to be at risk of harm if contact were to take place.

A complete refusal to allow any contact is likely to result in an application being made to the Court for a Child Arrangements Order. Instigating Court proceedings should always be your last resort though if other attempts to resolve the issues voluntarily have proved unsuccessful.

How can you reach an agreement over access to your child this father’s day?

There are various different ways to assist parents in reaching an agreement about the arrangements for not only Father’s Day but also during term-time, school holidays and on other special occasions such as the child’s birthday.

If direct discussions have failed, then you should consider putting forward your child arrangements proposal in a letter to the other parent or making a referral to mediation. An experienced Family Solicitor will be able to offer you advice and assistance in trying to reach an amicable resolution, but if no agreement can be reached then it may be necessary to issue a Court application.

 

For all family-related matters, you can find more information on our Family Department web pages found here. You can contact us here or by using the contact form on this page and someone will get back to you. Alternatively, you can call us on 01453 847200 to speak with our team.