The starting point in law is that a child is entitled to have a relationship with both parents. This includes seeing them regularly and being involved in their upbringing. If you have serious concerns about the welfare of your children when they are in the care of your ex there may be steps that you can take to limit or manage the contact that they have in a way to ensure your child is kept safe at all times.
It should be explained that the Courts are not interested in your personal issues or objections. It is only natural for there to be difficult situations to overcome after a breakdown in the relationship with your ex, however these will not usually be considered good enough by the Courts to prevent or restrict a child’s relationship with their parents. Therefore, issues such as a new partner, different parenting styles or problems with timekeeping are not usually considered serious enough to stop contact. The Courts will only be interested in what is in the best interests of the child and the starting legal position is that contact should be taking place
A Child Arrangements Order will set out the measures for a child to have a relationship with both parents. If there are safeguarding concerns it may be that contact with the other parent is supervised or indirect.
What legal rights does a ‘non-custodial’ parent have to see their child?
The law in England and Wales recognises that children benefit from having a relationship with both parents, provided it is safe and in the child’s best interests. A parent who does not have a child living with them has the right to spend time with their child and apply for an order if this time is not facilitated by the other parent. If both parents have parental responsibility, both are entitled to be involved in major decisions about the child’s upbringing and may apply to the family court for a child arrangements order for specific issue or prohibited steps orders.
Can I stop my ex seeing my child?
You cannot unilaterally stop your ex from seeing your child unless you have a valid legal reason and can show that contact would put the child at risk of harm. Simply disagreeing with your ex or disliking their lifestyle is not sufficient under English and Welsh law. If you prevent contact without justification, the other parent can apply to the family court, and judges are likely to enforce contact if it is safe and in the child’s best interests. The court will always prioritise the child’s welfare above parental disputes.
What are valid reasons to prevent a parent spending time with their child?
Valid reasons to stop child contact in England and Wales are limited and must usually relate to safeguarding concerns. Examples include evidence of abuse (physical, emotional, or sexual), neglect, substance misuse, domestic violence, or any situation where contact would expose the child to significant harm. Even then, courts often explore whether contact can be made safe through supervision or conditions, rather than stopping it entirely. A parent wishing to prevent a parent from spending time with a child must present evidence to the court to support their position.
How do I get a court order to stop an ex seeing their child?
If you believe contact with your ex is unsafe, you can apply to the family court under the Children Act 1989 for a child arrangements order that restricts or suspends contact. In urgent situations, you can seek a Prohibited Steps Order to prevent the other parent from taking certain actions until the court makes a final decision. The court will require clear evidence that contact poses a risk to the child’s welfare and will weigh this against the general principle that having a relationship with a parent is in the child’s best interests.
Can I change an existing child ‘custody’ or ‘contact’ agreement?
Yes, existing arrangements can be varied if circumstances change. If both parents agree, you can informally alter the arrangement or apply to the court for a variation of the original child arrangements order. If one parent disagrees, the other must apply to the court, showing that the proposed change is in the child’s best interests. Courts will consider factors such as changes in living arrangements, the child’s wishes and feelings (depending on age and maturity), and any new risks to the child’s welfare.
Contact our child arrangement solicitors today
For advice on the arrangements for your children on divorce or separation call Woolley & Co family law specialists on 0800 321 3832.