The rights of parents, and especially fathers, to spend time with their children after a separation can be a highly complex and emotive issue. It is unfortunately common to hear from fathers who feel they are being denied time with their children, and who want to know what they are actually entitled to.
The short answer: there is no legal minimum. No statute sets a number of hours, nights or weekends that counts as reasonable access, and no court will apply a formula. What the law does say, in Section 1(2A) of the Children Act 1989, is that the court presumes a parent’s involvement furthers a child’s welfare, and that involvement means involvement “of some kind, either direct or indirect, but not any particular division of a child’s time”. In practice, most separated fathers have somewhere between alternate weekends and equal shared care, and where you land depends on the child, the family circumstances and what is practical.
This guide covers England and Wales.
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What is considered ‘reasonable access’?
There isn’t strict legal guidance for ‘reasonable access’. Ultimately, it will depend on the individual circumstances of each family.
The phrase itself is outdated. The courts stopped formally using “access” and “custody” with the implementation of the Children Act 1989, and since 2014 the order that decides these questions has been a child arrangements order, which sets out who a child lives with and who they spend time with.
“Reasonable access” is still understandably used in everyday speech because it describes the thing people actually want to know: how much time is normal, and is what’s being offered fair?
How much time is a father entitled to in the UK?
There are no set minimum for fathers. The law does not grant either parent a quantity of time. It asks a different question: what arrangement is best for this child?
That framing matters because it explains why two fathers in apparently similar situations may end up with very different arrangements. The court is not weighing up what each parent deserves but rather what the child needs.
How many hours a week can a father see his child?
There is no standard amount of time that a father should spend with his children each week. What is considered reasonable will depend on the circumstances of the family and, most importantly, what is in the children’s best interests. Arrangements can vary considerably, from shorter periods of time with a father through to a shared care arrangement, where children spend roughly equal time living with both parents. Where parents agree, they can agree on anything that works. It is only when they cannot agree, and one of them applies to court, that a judge imposes a pattern.
What contact looks like at different ages
The following are patterns commonly seen in practice, but it is important to remember that they are not entitlements; there is no statutory schedule, and a court will not apply one mechanically.
Babies and toddlers
Frequent, short and predictable beats long and occasional at least for babies. However, you would expect these visits to build up to overnight stays in due course once the child and father are comfortable. There is no rule that a child cannot stay overnight before a particular age.
Preschoolers
Contact usually lengthens as the child’s routine develops. Alternate weekends with one midweek visit or overnight is a common schedule by the time a child starts school.
Primary school age
The most common arrangement is alternate weekends, often Friday evening to Sunday evening or Monday morning, plus a midweek evening or overnight, with school holidays shared. Shared care of a week on, week off works for some families at this age, though it depends heavily on how practical this is.
Teenagers
Arrangements loosen, and the child’s own views carry increasing weight. Courts pay real attention to what an older child wants, and a rigid rota that cuts across a teenager’s social life and commitments tends not to hold.
The court will often not make child arrangements orders in respect of older teens.
Is every other weekend reasonable access?
It is the most common single arrangement in England and Wales, and for many families it is entirely reasonable. Whether it is reasonable for you depends on what came before, how far apart you live and what your child is used to.
It is worth stating that alternate weekends are not a ceiling. Fathers who want more time, and who can offer it around their working pattern, frequently get more, including midweek nights and half of the school holidays. It is also not a floor: where a father lives some distance away, longer but less frequent blocks may work better than a fortnightly round trip.
Are fathers entitled to 50/50 shared care?
No, and this is a persistent misunderstanding in this area. Section 1(2A) of the Children Act 1989 presumes that a parent’s involvement furthers the child’s welfare, but Section 1(2B) defines that involvement as being “of some kind, either direct or indirect, but not any particular division of a child’s time”. The presumption is about the relationship, not the rota.
Equal shared care does happen, and it is not unusual when parents live close together, both have workable hours and communicate reasonably well. But it is an outcome the court reaches because it suits the child, not a starting point either parent can claim.
How a court decides: the welfare checklist
If you do end up in court, the child’s welfare is the paramount consideration, and the judge works through the list of factors in Section 1(3) of the Children Act 1989:
- The child’s ascertainable wishes and feelings, considered in light of their age and understanding
- Their physical, emotional and educational needs
- The likely effect on them of any change in circumstances
- Their age, sex, background and any characteristics the court considers relevant
- Any harm they have suffered or are at risk of suffering
- How capable each parent is of meeting their needs
- The range of powers available to the court
The court also works on the principle that delay is likely to prejudice a child’s welfare, which is why applications are timetabled tightly and why letting a situation drift rarely helps.
Can a father’s access be restricted?
Yes, but the bar is high, and the reasons are narrow. A mother cannot lawfully withhold contact simply because she is angry, because a new partner objects, or because child maintenance has not been paid. None of those is a welfare issue.
Contact can legitimately be restricted, supervised or suspended where there is a genuine risk of physical or emotional harm to the child, for example, where there is domestic abuse, substance misuse or where a child would otherwise be at risk of harm. Where those concerns exist, the court can order supervised contact at a contact centre, indirect contact by letter or video, or, in the most serious cases, no contact at all.
What to do if contact stops
- Keep a record. Note each occasion contact was refused, and keep messages. If you end up in court, this evidence is vital.
- Keep communicating, in writing. Stay measured. Anything you send may be read out later.
- Try mediation. Before you can apply to court, you normally have to attend a Mediation Information and Assessment Meeting, a MIAM, unless an exemption applies, such as domestic abuse.
- Apply for a child arrangements order using Form C100 if agreement is not possible.
- Enforce an existing order. If a child arrangements order is already in place and is being breached, the court can make an enforcement order under Section 11J of the Children Act 1989, imposing an unpaid work requirement. The court must be satisfied beyond reasonable doubt that the order was breached, and it is for the other parent to show they had a reasonable excuse.
Frequently asked questions
Can a mother stop a father seeing his child?
Not lawfully, unless there is a genuine welfare concern. If contact is being withheld without good reason, see our guide on being denied access to your children.
Does being on the birth certificate give a father rights?
For a child born in England and Wales on or after 1 December 2003, yes. An unmarried father named on the birth certificate acquires parental responsibility. Fathers of children registered before that date, or not named, can acquire it by agreement with the mother or by court order.
At what age can a child decide whether to see their father?
There is no fixed age. A child’s wishes carry more weight as they get older, and courts pay close attention from around 12, but wishes are one factor in the welfare checklist rather than the deciding one.
Can a father get overnight contact with a baby?
Yes, and there is no rule preventing it. It is usually introduced gradually depending on the family circumstances before separation. Our guide to fathers’ rights to overnight stays covers this in detail.
Our family law solicitors nationwide are here for you
As a father, we know that navigating child arrangements can be challenging, particularly if your child’s mother is opposed. As we have discussed, while your child does have a legal right to have a relationship with you, you could find yourself having to take certain steps in order to secure regular contact. This is where the support and expertise of our solicitors can be vital.
If you are being denied access to see your child, or you need further advice on the steps you may be able to take to secure regular contact, our specialist family law solicitors will be available to provide you with the advice you need.
At Woolley & Co Solicitors, our team are here to provide tailored advice on child access rights for fathers and to make any legal steps as simple and stress-free as possible.
To take advantage of your free 30-minute consultation with our expert family law solicitors, call 0800 321 3832, or complete our quick online form.
Nick Wiseman
Divorce & Family Lawyer, Norwich
This article is general information about the law in England and Wales and is not legal advice for your situation. Written by Nick Wiseman, family lawyer with Woolley & Co, based in Norwich, who specialises in all areas of relationship breakdown. Woolley & Co is authorised and regulated by the Solicitors Regulation Authority, SRA number 563859.
