Withholding a Child from Another Parent

In England and Wales, both parents typically have parental responsibility for their child, which gives them equal standing in making decisions regarding their child’s upbringing. This includes where the child lives, their education, and the time they spend with each parent. Parental responsibility ensures that both parents are involved in significant aspects of the child’s life, helping to promote a balanced and supportive environment for the child.

If both parents have parental responsibility, one parent cannot legally withhold the child from the other unless there are genuine concerns about the child’s safety or welfare. This means that, in the absence of such concerns, neither parent can restrict access to the child without facing potential legal consequences.

If one parent is preventing the other from seeing their child without a legitimate cause, it is essential to seek legal advice and take appropriate steps to address the situation promptly. Given the harm that can be caused to the child, and the damage to their relationship with the other parent, the court takes withholding contact very seriously.

What Should You Do If a Parent Withholds a Child?

If you find yourself being denied contact with your child, it is important to act promptly. Start by attempting to resolve the issue through communication with the other parent. In some cases, misunderstandings can be cleared up without involving the courts. However, if informal communication fails, mediation can be a useful step to resolve the matter. Mediation can help parents reach an agreement about child arrangements in a structured setting, but without the need for a court hearing.

If mediation is unsuccessful or if there are concerns about your child’s safety, you may need to apply to the court for a Child Arrangements Order. This order will determine where the child should live and the contact arrangements with each parent. The court’s primary concern will always be the best interests of the child.

What Can the Court Do if a Parent Withholds a Child?

In cases where a parent withholds a child without good reason, the court can intervene. It will consider factors such as the reason for withholding contact, whether the child’s safety or welfare is at risk, the child’s relationship with each parent, and the views of the child, depending on their age and maturity. If the court determines that one parent is wrongfully withholding the child, it can make an order for contact to be resumed, and how that contact should progress.

In more serious cases, the court may change the child’s primary residence if it deems it to be in the best interests of the child.