Access: a child is entitled to a relationship with both parents
It is expected that a child will have a relationship with both parents and spend time with each of them unless they are at risk of harm.
If you want to have a relationship with your child but are being denied access by your ex-partner there are a number of steps you can take:
Try to reach an agreement
Sometimes a carefully worded letter which sets out your point of view and the rights of your child is all that is needed to help persuade your ex to see your perspective.
Woolley & Co’s child access solicitors can help you to put your points across in a straight-forward way, explaining your position and why you think it is in the best interests of your child to spend time with you. Your lawyer can also make the legal position clear on your behalf. We can normally do this as part of a detailed case assessment by telephone and email.
Mediation
You may wish to invite your ex to try mediation to help you reach an agreement on child access you are both happy with.
Apply for a child arrangements order
Parents who are unable to agree about contact, whether that is with the help of their solicitor or with a mediator, can ask the courts to decide at a court hearing. If this happens the result will be a child arrangements order dealing with living and contact arrangements with both parents.
Woolley & Co’s child access solicitors can help you apply for a child arrangements order via the courts – call us or request a call back to discuss the costs and process involved.
Child arrangement order being breached
If you already have a child arrangement order in place but your ex is not keeping to the terms of the order, there are legal steps you can take to ask the court to enforce the order.
This can be a lengthy process. Speak to Woolley & Co’s child access solicitors and we can explain what is involved.
Common questions asked about child ‘access’
How to get ‘access’ to my child
In England and Wales, the law focuses on making child arrangements that are in the child’s best interests. The legal term “child access” has largely been replaced by “contact” or “child arrangements.” To have contact with your child, you should first try to reach an agreement with the other parent. You can do this through negotiation, perhaps with a professional mediator, or by using a family law solicitor to assist with discussions and correspondence. If you can’t reach an agreement this way, you can apply to the family court for a child arrangements order which legally determines who the child will live with and how much time they will spend with each parent. Before applying to court, you usually have to attend a Mediation Information and Assessment Meeting (MIAM), unless there are specific exemptions like domestic abuse.
How much are solicitors’ fees for child arrangements?
Solicitors’ fees for child arrangements matters can vary significantly across England and Wales. An initial consultation to discuss your situation and explore the best course of action is recommended. The total cost will depend on the complexity of your case and whether it can be resolved through negotiation or if it requires court proceedings. It is always wise to get a clear estimate of costs upfront.
For a free 30-minute initial chat with one of our child law solicitors, call Woolley & Co on 0800 321 3832 or complete our online form.
What is the role of a child arrangements solicitor?
A child arrangement solicitor (often called a children law or family law solicitor) provides expert legal advice and representation to help you resolve child arrangements for your children. Their main role is to guide you on your rights and responsibilities, as well as the legal options available, always with the child’s welfare as the primary consideration. They can help you negotiate with the other parent and their solicitor to try and reach an amicable agreement without going to court. If court action becomes necessary, they will prepare and file all the required documents, build your case, and represent you at court hearings to advocate for the best outcome. They also work to protect you and your children’s interests, particularly in cases involving domestic abuse or other safeguarding concerns.
Can a child arrangements solicitors help me if the other parent is preventing me from seeing my child?
Yes, a child arrangements solicitor can be very helpful if the other parent is preventing you from seeing your child. They can begin by writing to the other parent (or their solicitor) to set out your position and attempt to reach an agreement. This formal communication can sometimes be enough to open a dialogue and resolve the child arrangement dispute. If an agreement cannot be reached, your solicitor will advise you on the next steps, including applying to the court for a child arrangements order. The court will then determine the contact arrangements, with a strong legal presumption that the continued involvement of both parents in a child’s life is in their best interests, as long as it is safe to do so. A solicitor’s involvement can demonstrate your commitment to resolving the arrangement issue and can navigate the court process on your behalf.
How can a solicitor help me if I need to change an existing child arrangements order?
If you need to change an existing child arrangements order, a child arrangements solicitor firm can provide crucial assistance. The first step is to see if the changes can be agreed upon with the other parent. Your solicitor can facilitate this by corresponding with them or their legal representative. If an agreement is reached, they can draft a new consent order to be submitted to the court for approval. If the other parent does not agree, your solicitor will advise you on the likelihood of the court granting the change and will prepare and file a court application on your behalf. The court will only agree to vary an existing order if there has been a significant change in circumstances since the original order was made. Your solicitor will need to demonstrate this to the court and will represent you throughout the process.
When should I hire a child arrangement solicitor instead of using mediation?
You should hire a child arrangement solicitor instead of using mediation when there is a significant power imbalance, a history of domestic abuse, or a high level of conflict that makes open, constructive discussion impossible. Mediation requires both parties to be willing and able to negotiate in good faith, with the mediator acting as a neutral facilitator who cannot provide legal advice. A solicitor, on the other hand, can provide you with specific legal advice tailored to your situation and can represent your interests assertively. You may also need to hire a solicitor if one parent is completely refusing to cooperate, has taken the child out of the country without consent, or if you believe the child is at risk of harm. In such child access disputes, these situations often require urgent court intervention and legal protection.