My ex-partner will not let me see my children- what do I do? A 3 Step Guide

Step 1 – Acknowledge the rights of your Child.

• Often parents assume that they have a right to see their child; however, the law provides that it is each child’s right to have both parents involved in their upbringing, unless there are serious safeguarding concerns which pose a risk to the child’s safety. Consequently, it is not the right of either parent to prevent contact with the child.
• In some circumstances, withholding a child from having contact with the other parent can amount to Parental Alienation, which can be detrimental to a child’s emotional well-being. See Parental Alienation | Kew Law.

Step 2- Speak with your ex-partner.

• During heightened emotions during a relationship breakdown, children can become caught in the dispute without either parent often realising. It is therefore important to try to open the conversation in a child focused way as to how they would be affected by not having contact with one parent.
• To assist you and your ex-partner, you may wish to utilise a Child’s Plan Template such as one provided by Cafcass (who assist the Court in children disputes) Our Child’s Plan Start. The Child’s Plan can help to narrow the issues and focus on the needs of your child.
• If you cannot speak with your ex-partner for any reason or are concerned that having conversations with them directly may cause further conflict, you should utilise Step 3 below instead.

Step 3- Seek specialist Family Law Advice.

• In circumstances where an ex-partner is withholding your child from contact with you, you should seek specialist Family Law Advice. A Family Law Specialist can assist you with writing to your ex-partner, making proposals for contact, suggesting mediation or advising you on the Court procedure if necessary.
• Some clients benefit from a formal letter being sent to their ex-partner as it can help to start the conversation of contact arrangements and is a good first step before considering Court proceedings where further costs can be incurred.
• During an initial consultation with a member of our Family Team, one of our Specialist Family Solicitors will be able to advise you on a personalised strategy as to what your next steps may look like. Head to our website for more information: Contact Us.