During the first lockdown, we were inundated with enquiries about what happens to Court Orders during lockdown; “will I still be able to see my children?” and “what happens if a prohibited steps order is breached?” were common questions. Guidance was given by the President of the Family Division that children could still move between households as long as it was safe to do so. Sadly, some parents took advantage of lockdown and Court Orders were breached.
Need family law advice? Our experienced solicitors are happy to provide you with a free initial phone consultation. For more information visit Family Law and Divorce.
The rights you will have will depend on what is stated in your Child Arrangements Order, if you have one. A Child Arrangements Order can set out whom the child is to live with, when separated parents can see their child and how, and what communication they may have with their child outside of these times (for example, text messaging or phone calls).
Can I stop my ex-partner from seeing our child?
This will heavily depend on the reason you do not want your child to see their other parent. You cannot deny your ex-partner the right to see their child simply because you do not like them or because you think they are a bad parent.
The Court will make their decision based on what they believe is best for your child’s health and wellbeing. They will usually take into account:
- Your child’s wishes (depending on their age)
- Any threat your ex-partner poses to your child
- Whether seeing the other parent is beneficial or detrimental to the child’s wellbeing
Generally speaking, the Court will usually assume that maintaining a relationship with both parents is beneficial for children where possible. For this reason, it is important to seek legal advice to ensure your case is as strong as possible – our family lawyers can advise you on the strengths of your case and help you build the most effective argument possible.You can make an urgent application to the Court for an urgent non-molestation order which will prevent your ex-partner from legally be allowed to contact or come near you or your children. You can do this ‘without notice,’ meaning that the other parent will not be aware of the Order until it is granted, nor will they be present at the hearing. however, there will be a second hearing to decide whether the Order is to be extended or set aside, and your ex-partner can defend themselves here.
There are steps you can take to defend yourself, if you are worried that making a Prohibited Steps Order may put you in danger. Read our blog on Domestic Abuse and Legal Protection to find out how you can protect yourself and your child from an abusive ex-partner.What can I do if I worry my ex-partner will take my child out of the country? Unless a Child Arrangements Order states that your child lives with your ex-partner, your ex-partner needs permission from you (and anyone else with parental responsibility for your child) to take your child out of the country for extended periods of time. If you are worried that they are imminently going to take your child abroad without your consent, you should contact the Foreign and Commonwealth’s (FCO) Child Abduction Support Service. We also recommend reporting the issue to the police and to the passport office.
A Prohibited Steps Order can also be used to prevent the other parent relocating abroad (or elsewhere in the UK) with your child. Find out more in our blog post on Moving Away with a Child.Can my child choose not to see their parent? Unfortunately, unless your child is at risk of suffering abuse from their other parent, Child Arrangements Orders need to be adhered to. If you do not allow the other parent to see their child, they could take you to Court. The Court may order you to pay ‘wasted costs’ or even order that your child goes to live with their other parent.
Try to understand why your child does not want to see their other parent: do they not have their own private space at their Mum or Dad’s house? Are they upset about having to miss out on time with their friends, or are they angry with the other parent? These sorts of issues can likely be resolved without the need to return to court.
If you have reason to believe that your child is facing abuse or neglect when with their other parent however, you can seek an urgent non-molestation order as previously mentioned. You can also make an application to the Court to vary your Child Arrangements Order.
- Changing your child’s name
- Removing your child from their school or nursery
- Allowing your child to receive certain medical treatments
- Allowing your child to see another person (such as your ex-partner’s new partne
- The Court can decide how long a Prohibited Steps Order will last on a case-by-case basis, but they will often last until the child’s 16th birthday or until a further order is made. They can also last until the child’s 18th birthday in some circumstances.
It is possible to apply for a variation of the order if you wish to extend the amount of time a pre-existing order is set to last for.How much does a Prohibited Steps Order cost? At the time of writing, the Court fee for an application for a Prohibited Steps Order is currently £232.00. Regarding legal advice, it is difficult to provide a general estimate of our fees, but our solicitors can provide a detailed explanation of all of our fees prior to instruction.Do I need a family law solicitor? The Family Court are typically reluctant to grant orders which would prevent a child from having contact with both of their parents, as it is generally believed that maintaining a relationship with both parents is good for children. Therefore, if you believe your children should no longer have contact with their other parent, you need to have a strong argument prepared.
Our family solicitors can provide detailed legal advice on the likely outcome of your case and help you make the most effective argument possible.We at Starck Uberoi understand that you want the best for your children. Our Ealing family solicitors have Law Society Accreditation in recognition of our high-quality family law services, and over 10 years’ experience in a wide variety of different family matters. We provide honest, pragmatic legal advice from the outset and legal support from start to finish.
To book an appointment with our family lawyers, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, all within easy reach by public transport. Our partner, Raminder Uberoi, can also provide a Notary Public Service at any of our London offices.
- Matrimonial Property Rights Notice
- Financial Remedy Proceedings
- What is a Child Arrangement Order
- Legally Changing your Child’s Name
- Domestic Abuse and Legal Protection
- Moving Away with a Child Following Divorce
- How do I start the process of divorce?
- What you can do following Desertion
