How many women on mere words alone can be removed from their children for months and months on end?
(From UK legal advice)
(Assuming, @Tzenl, youve fought tooth and nail and taken this to court - your story doesnt add up) "When the case comes to court, the judge or magistrates will have expected you to have exhausted all options to agree arrangements amongst yourselves. This includes attending mediation (in some cases, such as those involving domestic abuse, this won’t be necessary).
Access to your child can be legally prevented by a court order, if there are safety and welfare concerns such as:
criminal activitydomestic abusedrug/alcohol misuseany other inappropriate behaviour that puts your child at risk
It’s also possible for the other parent to oppose any court application you make, by providing evidence to the court that you are engaging in any of the above.
In some situations, the other parent may also apply to the court for an order against you without you being there, if they believe you present an immediate danger to your child. This is known as an emergency ’without notice’ order (previously called an ‘ex-parte’ order).
If the court is persuaded to make a ‘without notice’ order, there will always be a second hearing a few days later so you can attend and defend the allegations made in your absence and present your own views to the court.
Do I have ‘rights’ to see my child?
Legal access to children isn’t an actual ‘right’.Parental responsibility (PR)gives you some legal rights and responsibilities, but there is no automatic right to ‘contact’.
The law is entirely centred on the child’s welfare and thus decisions to let you have access are made on the basis that it will improve your child’s quality of life, not because it will improve your quality of life as a parent.
However, in the absence of any safeguarding concerns, the court actively encourages a relationship between the child and both parents.
Spending time with your child will be arranged if the court believes that it will improve your child’s welfare. In 2014, the government introduced a presumption that the continued involvement of both parents in a child’s life will best promote that child’s welfare.
So, in most situations, unless it can be proven that you will pose a risk to, or harm, your child, you will usually be granted some kind of contact. However, in cases of domestic violence, the courts can consider whether there is a risk of harm to the other party if contact is facilitated.
The court will also consider a whole host of other factors, such as commitment, before making a final determination.
Can I still have access to my child if I don’t have parental responsibility?
If you don’t have PR, and you don’t have a voluntary out-of-court agreement about access, you can still apply to the court for a child arrangements order. If the court orders that your child comes to live with you, you will be granted PR simultaneously. Since 2014, if the court makes an order for your child to spend time with you, it should also consider whether to make a PR order at the same time.
Even if you do have an out-of-court agreement, you should still consider applying for PR whether by way of agreement (known as aparental responsibility agreement) or by court application"