Can my spouse restrict access to my children?

Custody and access - more properly called ‘Child Arrangements’ - can be emotionally fraught litigation, especially where one party is threatening the other with the prospect of denying them time with the child.

In England and Wales, if you have Parental Responsibility (PR), you cannot be legally prevented from seeing your child without a court order. Both parents generally have the right to maintain a relationship with their child unless the courts decide otherwise due to concerns about the child’s safety or well-being. Despite this, some parents may unilaterally decide to stop contact for various reasons, such as concerns about a new partner, dissatisfaction over child maintenance payments, or worries about the child’s exposure to certain people or environments. However, none of these reasons hold any legal weight unless supported by a court ruling.

If you are being denied contact with your child, it is crucial to act promptly. While harmonious out-of-court agreements are recommended, it may ultimately be necessary to obtain a court order if you cannot agree on the time you will spend with your child. The court will always look at child centric outcomes, with the welfare of the child always being paramount.

As leading family lawyers, Vardags have significant experience in negotiating child disputes as well as finding solutions that work for everyone involved.

What if my spouse moves away with my children?

International relocation with a child, against the wishes of the other parent, will require permission from the court, gained by issuing a relocation application. Once again, the court must be satisfied that such a move is in the interest of the child, including considering the amount of contact with the non-resident parent. As international family lawyers, Vardags are experienced in representing parents in such concerns, coming up with creative solutions that suit all involved. If your partner has or is threatening relocation without the permission of the court, this can be international child abduction.

As top family lawyers, Vardags can move swiftly in such cases, including getting passport seizure orders or preventing them from leaving the country. If they have already left, with no planned return, international family law can ensure the child’s return.

If you need advice or representation on any Children Law matters, click below for a free initial consultation with one of our expert Children solicitors. 

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