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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Is this Legal?

21 replies

RollOverAndDie · 13/12/2023 14:20

Is it legal for one parent to prevent the other parent from seeing their children?

Is it legal for the offending parent also to instruct schools and clubs that the other parent is not to collect the children, even if they had done so previously?

If not, what can be done about this aside from expensive legal advice. Or does the other parent have to await the decision from the courts. CAO applied for.

OP posts:
escapethemaze · 13/12/2023 14:21

i am guessing this parent feels like they will take the risk because they are so concerned about their child being left in the care of the other parent

Original poster
RollOverAndDie · 13/12/2023 14:31

Thanks for your response. Other parent is categorically not a threat, this is an acrimonious split.

OP posts:
millymollymoomoo · 13/12/2023 14:52

assuming other parent has parental responsibility the answer is no they can’t do it and schools etc can’t withhold information

titchy · 13/12/2023 15:07

It's not illegal in the sense that the parent can be arrested for it. Unless there are good reasons though a court wouldn't be terribly impressed by that sort of behaviour, and a school has no grounds to agree so the other parent can't be stopped from picking up their child if they have PR.

escapethemaze · 13/12/2023 16:37

RollOverAndDie · 13/12/2023 14:31

Thanks for your response. Other parent is categorically not a threat, this is an acrimonious split.

let me guess

You are the other partner
or
Your no doubt fairly new boyfriend or girlfriend is the other partner

escapethemaze · 13/12/2023 16:38

does the parent have PR?

Have the school and clubs obliged?

rorret · 13/12/2023 16:54

What everyone else asked - does the other parent have PR and has the contact agreement been set by the court?

SerenityNowInsanityLater · 13/12/2023 17:04

Only if PR is removed or limited (by court order) and/or there’s a non molestation order with specific provisions/instructions in place.

GrumpyPanda · 13/12/2023 17:10

What does the school say?

Soontobe60 · 13/12/2023 17:15

escapethemaze · 13/12/2023 16:37

let me guess

You are the other partner
or
Your no doubt fairly new boyfriend or girlfriend is the other partner

Show quote history

Believe me, we have had more than a handful of parents (always mothers) trying to stop their ex from seeing their child at school, taking his name off the contact details, telling school they must not give him any information. Sometimes, we agree because we have been contacted by the police via encompass as the father is a risk. Most of the time, it’s just because the mother thinks she holds all the cards and is being bloody minded.

escapethemaze · 13/12/2023 17:16

Soontobe60 · 13/12/2023 17:15

Believe me, we have had more than a handful of parents (always mothers) trying to stop their ex from seeing their child at school, taking his name off the contact details, telling school they must not give him any information. Sometimes, we agree because we have been contacted by the police via encompass as the father is a risk. Most of the time, it’s just because the mother thinks she holds all the cards and is being bloody minded.

Show quote history

hence me asking if he has PR

if he doesn’t, then the school must oblige

NorthernSpirit · 13/12/2023 17:23

Is it legal for one parent to prevent the other parent from seeing their children?

No - but some mothers (typically the RP) do do this. Jump on the step parenting board to see the number of posts about EW’s using children as weapons to punish or thinking they are in control therefore get to dictate.

Is it legal for the offending parent also to instruct schools and clubs that the other parent is not to collect the children, even if they had done so previously?

If the NRP has parental responsibility then they have as much right to do these things as the he mother (typically the RP).

If not, what can be done about this aside from expensive legal advice.

Make sure you are registered at the school as a parent and receiving the same information as the mother. My now DH went years being denied information. In the end he had to report the school to the local authority. The father has exactly the same rights to information as the mother.

Does the other parent have to await the decision from the courts.

No - register with the school now.

If it’s acrimonious get a contact order - trust me, things will only get worse and a well defined contact order will take the mothers power away.

Post this on the SP board and you will get a very different view on these points (IMO). This board will be full of EW’s.

Good luck 🤞

escapethemaze · 13/12/2023 17:30

If the parent is successful in stopping the school contacting the other parent is means that the other parent has either chosen not to Parental Responsibility for the child OR had had it removed

WestStone · 13/12/2023 17:44

RollOverAndDie · 13/12/2023 14:20

Is it legal for one parent to prevent the other parent from seeing their children?

Is it legal for the offending parent also to instruct schools and clubs that the other parent is not to collect the children, even if they had done so previously?

If not, what can be done about this aside from expensive legal advice. Or does the other parent have to await the decision from the courts. CAO applied for.

1.You could have searched this online. It states:

The law considers that the involvement of both the parents is beneficial to the child unless there is a risk of harm to the child.

But you need to follow this up through civil court.

2.Give your head a wobble, why would this be illegal? It might be annoying but the law isn’t going to cover every petty eventuality of a breakup. You need to get a contact order in place first, then you may have recourse if the parent breaches that order.

3.You can maybe try to seek free help from citizens advice or your insurance or through work perhaps. However it is not a criminal matter, it is a civil matter, and civil courts may have costs involved. Unfortunately this is an outcome of having children with someone you/your partner didn’t have a successful relationship with. It’s why you should always choose your life partner carefully as having children is a massive, lifelong commitment; family disputes are difficult for everyone involved but it’s not really a “cost free” thing to sort out.

Original poster
RollOverAndDie · 13/12/2023 19:02

@escapethemaze no. Projecting much?

OP posts:
escapethemaze · 13/12/2023 19:11

RollOverAndDie · 13/12/2023 19:02

@escapethemaze no. Projecting much?

well you were hardly likely to come back and say otherwise, were you!

Original poster
RollOverAndDie · 13/12/2023 19:15

It is regarding a friend. I suppose you are going to tell me now that it isn't?

OP posts:
escapethemaze · 13/12/2023 19:20

and you’re posting on their behalf?

would they not be able to register themselves and ask? or Google the answer? (as a pp said… the answer is right there at the top of the responses).

escapethemaze · 13/12/2023 19:21

or… consult a lawyer considering this is after all access to their child

Original poster
RollOverAndDie · 13/12/2023 19:26

@Escapethemaze you sound very angry.

OP posts:
escapethemaze · 13/12/2023 19:38

not at all, just about to serve up dinner to two very hungry teens so i will bid you good night

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