The rights of parents, especially fathers, to spend time with their children after separation can be a complex and emotional issue. It’s unfortunately common to hear stories of fathers being denied access to their children, prompting questions about their rights.
In the UK, the law emphasises the child’s right to maintain an ongoing and meaningful relationship with both parents. Therefore, fathers have a legal right to have contact with their children.
However, there is often confusion surrounding what child access rights for fathers entail and what level of access is considered reasonable.
Child access and fathers’ rights are specialised areas for our family law team. We can offer personalised guidance on your situation and discuss the options available if you have questions or concerns about accessing your children and spending quality time with them.
What is considered ‘reasonable access’?
There is no strict legal definition of “reasonable access,” as it varies based on the unique circumstances of each family and what is deemed in the best interests of the children.
Reasonable access does not necessarily equate to equal time between both parents. The primary focus for parents should be to prioritise the best interests of the child—an aspect that courts also uphold if intervention is needed.
In cases involving older children, their wishes and preferences become important factors to consider when determining reasonable access arrangements.
How much access is a father entitled to in the UK?
Once more, there are no set minimum access rights for fathers. Parents are encouraged to reach an agreement based on what is in the best interests of their children. If a voluntary agreement cannot be reached, either parent can apply to the court. In such cases, a judge will decide on the arrangement after considering all circumstances, including the father’s ability to meet the child’s emotional, physical, and financial needs.
Because each family is unique, there are no definitive rules regarding the minimum level of contact that a father is entitled to.
How many hours a week can a father see his child?
There are no prescribed limits on the number of hours a father can spend with his children each week. The suitable arrangement varies widely depending on the circumstances. For instance, a father might see his child on one weekend per month in one scenario, while in another, the child might spend alternate weeks with each parent.
The appropriate arrangement is highly context-dependent. Parents need to strive for agreement whenever possible, always prioritising the child’s best interests in any decision-making process.
Is every other weekend reasonable access?
Possibly. Whether or not this is applicable will hinge on prior agreements between both parents and whether this arrangement aligns with the children’s needs.
Can a father’s access be restricted?
We are acutely aware that, during challenging separations, mothers sometimes take actions to prevent fathers from seeing their children.
Typically, the child’s mother does not have the legal authority to prevent a father from accessing their child. The courts will only endorse such prevention if it can be demonstrated that the father’s access would harm the child’s welfare or would not serve their best interests.
If you are struggling to reach an agreement on access for your children, several options are available. For example, both parents could attend mediation sessions to address their concerns and work towards a mutually acceptable arrangement that prioritises their children’s well-being.
In some instances, it may be necessary to pursue a Child Arrangements Order through the courts. This order can be enforced by the courts if its terms are violated.
Our family law solicitors are here to help
As a father, we understand that navigating your parental rights can be challenging, especially if you are estranged from your child’s mother. As we have discussed, while your child does have a legal right to maintain a relationship with you, you may need to take specific steps to ensure regular contact. This is where the support and expertise of our solicitors can be crucial.
If you are being denied access to see your child or need further advice on securing regular contact, our specialist family law solicitors are available to provide the guidance you need.
At DLS Solicitors, our team is dedicated to offering tailored advice on fathers’ child access rights and making the legal process as straightforward and stress-free as possible.
