Family Law Questions

[The_DADDY]

Just a quick one. 

Can a parent (primary carer) prevent the  other parent from seeing a child? 

 

[HeHasRisen]

Just now, The_DADDY said:

Just a quick one. 

Can a parent (primary carer) prevent the  other parent from seeing a child? 

 

Can you provide context? Are the parents divorced? Is there a current access arrangement in place?

[The_DADDY]

13 minutes ago, HeHasRisen said:

Can you provide context? Are the parents divorced? Is there a current access arrangement in place?

Ah, context would help. Sorry 😂

Right. Parents divorced and one has sole custody but not through any court. One parent just left the other holding the baby as it were. 

Absent parents partner did something very wrong to one of the kids on a visit to absent parents flat which was dealt with by the police. 

This was approx 3 years ago. 

Fast forward to late last year, Absent parent began meeting child secretly telling the child not to say anything. 

Primary carer parent found out, no big deal and was kind of happy that they were starting to see each other again. 

Turns out the absent parent has been using these meet ups to confuse the child,  make threats that primary carer parent wil get assaulted and make her say the assault never took place and demanded said child retracts the accusation with the police. 

Now primary carer parent is worried for the safety and emotional wellbeing of the child. 

The child is 17 by the way but they have learning difficulties and special needs so is classed as vulnerable. 

 

 

[*Wallace*]

Good grief bag of snakes that one is.

[the_bloke]

I've been divorced (amicably) but from my research at the time it is very hard for a parent to block access to a child as the courts and mediation service believe a child should have access to both parents. However if it's not safe to do and there is suitable evidence to prove this, then a single parent can prevent access by the other parent.

 

It sounds like the primary parent in this situation should see a solicitor to claim sole custody, though in all honesty once the child turns 18 they aren't a child any more, even if classed as vulnerable, so it's probably pointless.

[HeHasRisen]

3 minutes ago, the_bloke said:

I've been divorced (amicably) but from my research at the time it is very hard for a parent to block access to a child as the courts and mediation service believe a child should have access to both parents. However if it's not safe to do and there is suitable evidence to prove this, then a single parent can prevent access by the other parent.

 

It sounds like the primary parent in this situation should see a solicitor to claim sole custody, though in all honesty once the child turns 18 they aren't a child any more, even if classed as vulnerable, so it's probably pointless.

Had it in my head that once a child turns 16 they can make their own decisions about which parent they want to live with/see. Is it actually 18?

[The_DADDY]

1 hour ago, *Wallace* said:

Good grief bag of snakes that one is.

Ha.. Almost exactly what I said  but without the swears. 

1 hour ago, the_bloke said:

I've been divorced (amicably) but from my research at the time it is very hard for a parent to block access to a child as the courts and mediation service believe a child should have access to both parents. However if it's not safe to do and there is suitable evidence to prove this, then a single parent can prevent access by the other parent.

 

It sounds like the primary parent in this situation should see a solicitor to claim sole custody, though in all honesty once the child turns 18 they aren't a child any more, even if classed as vulnerable, so it's probably pointless.

My bold. 

And the child turns 18 in about 6 months too so yep, you are probably bang on with that but I said I'd ask. 

Thanks for your contributions everyone. 

It's appreciated 🙏

[Mr Allen]

I've seen enough legal dramas on t'Telly to know that in most  custody cases, depending on the age of the child, they give them to the Mother.

 

 

[The_DADDY]

1 minute ago, Mr Allen said:

I've seen enough legal dramas on t'Telly to know that in most  custody cases, depending on the age of the child, they give them to the Mother.

 

 

Both kids live with the Dad. It didn't go to court 👍

[Jeffrey Shaw]

Best not to rely on online posts but to take proper (= paid-for) legal advice. No, not from me.