There is no simple answer – although if you have parental responsibility and there are no safeguarding concerns about you or your care of the child, then the answer should be NO!
As the biological father, are you named on the birth certificate? Are you the biological mother? Have you obtained a parental responsibility order through the court? If yes then you have parental responsibility which means you are legally entitled to be a part of the child’s life and legally responsible for that child. At FLPS we understand that during the times of separation communication can be difficult, but we ask everybody to please refrain from being awkward, argumentative or derogatory in any way including on social media towards the ex partner. It may make you feel better for all of 5 minutes, but those words will be back to haunt you and your child’s interests and well being should be your paramount concern, not getting back at or trying to settle a score with the ex.
Back to the question at hand. Can my ex stop me from seeing my child? If you are the biological mother, the father named on the birth certificate or you have obtained parental responsibility through a separate court order then you should not be prevented from being in your child’s life. You could firstly try family mediation to see whether an agreement can be reached with the help of an independent 3rd party. If this is unsuccessful and you feel that you are constantly being obstructed or alienated then you have the option of applying to the courts for a Child Arrangements Order.
You would need to make an application to the court setting out what order you are seeking. Do you want your child to live with you, share the care with your ex partner or have an order clearly specifying the time you will spend with your child? This would need to be clearly set out in your application with reasons supporting your application.
However, if allegations have been made by way of any form of abuse towards your ex partner or the child; or if you are being refused time due to allegations of drink or drugs, then the courts and CAFCASS will want to investigate these before any decisions are made. This can be frustrating and extremely upsetting and depending on the allegations, a separate Fact Finding hearing may be listed to determine these allegations before any other progress can be made. We understand that this is an extremely difficult and emotional time.
The team at FLPS do not judge; we listen. We don’t advise; we assist and support.
We can help you with child arrangements applications and support you through the preparation of the documents but you remain in control of your case and you will be representing yourself. We can support and assist you at every stage. Contact us on info@fl-ps.co.uk or visit our website www.fl-ps.co.uk for more information and we will be happy to chat.