If the other parent is engaged in criminal activity, drug or alcohol misuse or any other inappropriate behaviour that may put your child at risk then you have the grounds to stop your child spending time with the other parent whilst the risk the other parent poses is assessed.
A Court Order can be put in place to ensure your child is protected against the actions of the other parent. This can be done on an emergency basis if necessary.
Reasons not to stop child contact?
The other parent should not stop you from spending time with your child unless your child’s safety or welfare is at risk. No parent should be denied spending time with their child unless the other parent believes there is a risk to the child’s safety or welfare. The Court’s initial assumption will be that it is in a child’s best interests to spend time with each parent and contact should only be stopped in exceptional circumstances.
At what age can a child stop contact with a parent?
This is a difficult question to answer. Parents are able to make an application for contact while a child is 16 or under. Any decisions made by the Court will consider the child’s wishes and feelings against the background to the case and in light of an individual child’s age and understanding. It is recommended that you take legal advice if this issue arises.
Can I take my ex-partner to Court to see my child?
Yes, you can however before doing so you need to explore if contact can be reinstated either through mediation or through a solicitor.
If these attempts fail then you are able to issue an application to Court for a Child Arrangement Order setting out when your ex-partner must make your child available to spend time with you.
If you are still unsure and require further advice, visit our ‘home’ page where you will find our contact form.
~ Birkett & Co Solicitors