Family Law Insights: Can Your Ex-Partner Legally Prevent You From Seeing Your Child?

Maisie Beavan, Trainee Solicitor

Maisie handles a variety of cases, including personal injury, discrimination claims in employment and higher education, historical child sexual abuse claims, and commercial and property matters for private clients. She is currently studying the LPC and plans to qualify as a solicitor in 2026.

Disagreements about child arrangements can often arise when parents separate or divorce. One common question many parents ask is whether their ex-partner has the legal right to prevent them from seeing their child. Understanding your rights in this area is crucial, especially if you find yourself in a situation where access to your child is being restricted. In this blog post, we’ll explore the legal framework in the UK and answer whether your ex-partner can stop you from seeing your child. 

Legal Rights of Parents in the UK 

In the UK, both parents generally have the right to be involved in their child’s life, even if they no longer live together. This includes having the right to see their child and make important decisions about their upbringing. However, the situation can become complicated if one parent refuses to allow contact or restricts access to the child. 

The Children Act 1989 is the primary piece of legislation that governs child arrangements in the UK. It sets out that any decision about a child’s welfare should be made in their best interests. As a first step, parents will be expected to agree on child arrangements, either between themselves or with the help of mediation or a solicitor. However, if an agreement cannot be reached, either parent may seek a court order to resolve the situation. 

Can Your Ex-Partner Stop You Seeing Your Child? 

The short answer is no, your ex-partner cannot simply decide to stop you from seeing your child unless there are serious concerns for the child’s welfare or safety. However, it’s important to note that the situation is rarely straightforward, and the following considerations will likely be in play: 

1. Parental Responsibility 

In the UK, both parents automatically have parental responsibility for their children, which means they share the responsibility for making important decisions about their child’s life, including education, healthcare, and living arrangements. If both parents have parental responsibility, one parent cannot stop the other from seeing the child unless a court order is in place that restricts contact. 

2. Best Interests of the Child 

The welfare of the child is always the most important factor considered by the court. If one parent is denying access, the court may become involved to ensure that the child’s best interests are met. In most cases, the court assumes that it is in the best interests of the child to have a meaningful relationship with both parents, unless there are concerns about the child’s safety or well-being. 

3. Court Orders 

If an agreement cannot be reached between the parents, the parent who is being denied access to the child can apply to the court for a Child Arrangements Order. This order will detail where and with which parent the child is to live and how often the other parent can see the child. If the court believes that it is in the child’s best interests to maintain contact with both parents, it will likely issue an order, provided there are no safeguarding issues. 

4. Reasons for Denying Contact 

While one parent cannot arbitrarily stop the other from seeing their child, there are circumstances in which contact may be limited or denied. Some valid reasons for restricting contact include: 

• Risk of harm or abuse: If one parent has concerns that the child will be at risk of harm during contact (e.g., due to a history of abuse, domestic violence, or substance misuse), they may seek to limit or suspend access. 
• Child’s wishes: In some cases, especially with older children, the child’s views may be taken into account. However, the court will always prioritise the child’s welfare above their wishes. 
• Parental conflict: If there is heightened conflict between the parents, it may not be in the child’s best interests for one parent to have unsupervised contact. The court may order supervised contact until the situation between parents improves. 

5. Enforcing Access

If a parent refuses to comply with a court order regarding child arrangements, the other parent can return to court to seek enforcement. The court has various methods available to enforce compliance, including: 

• Issuing a warning to the non-compliant parent 
• Making a change to the child arrangements 
• Imposing fines or other penalties on the non-compliant parent 

However, if the refusal to comply is due to concerns about the child’s safety, the court will investigate and may take protective actions. 

What to Do If Your Ex-Partner Is Denying Access to Your Child

If your ex-partner is refusing to let you see your child, it’s important to take action promptly. 

• Try to resolve the issue amicably: In some cases, a conversation or mediation may resolve the situation without needing to go to court. Mediation services can help facilitate discussions between parents. 
• Document the situation: Keep a record of all communication with your ex-partner regarding access to your child, as this may be important if legal action is required. 
• Seek legal advice: If informal attempts to resolve the issue fail, it’s crucial to seek advice from a family law solicitor. They will explain your legal rights, assist with mediation, and help you apply for a Child Arrangements Order if necessary. 

While your ex-partner cannot legally prevent you from seeing your child without valid reasons or a court order, it’s essential to understand the legal processes involved if you find yourself in this situation.