Copyright 2023/24 – capitolfamilymediation.co.uk
In many instances, the end of a relationship may be tough. It might be even more stressful if you and your ex-spouse share children and your ex refuses to allow you to visit your kid.
However, can a mother deny access?
What happens if my ex-spouse refuses to allow me see my child?
Are they permitted to do so by law?
Or, can I prevent my ex-spouse from visiting my child? It may not even be immediately after the breakup; occasionally access is terminated or limited after functioning normally for a period.
Why would my ex do such a thing?
Worse still, what can you do if your ex makes false claims against you?
This brief essay describes what you may do to overcome such issues and get (or maintain) appropriate access to your children throughout their formative years.
Why won’t my ex-spouse allow me to visit my child?
There might be a variety of reasons for your ex-unexpected spouse’s decision to cease or limit access to your kid.
If they intend to file for divorce or engage in other legal actions, it may serve as a negotiating chip. Perhaps they want to punish you for the failed romance.
Obviously, it is not always the mother who refuses to allow the father see his kid. If the kid is living with their father, the roles might be reversed.
It is possible that they are concerned for the welfare or safety of your kid when they are spending time with you.
It’s also possible that your youngster is unhappy with the arrangements.
Regardless of the cause, it is more vital that you investigate the issue and determine what you can do to spend time with your kid.
How can I then get access to my child can Family Mediation Hammersmith help?
The easiest approach to determine the precise reason why access/contact is being limited or cut off is to speak with your ex-partner.
However, this is easier said than done if you and your ex-partner are unable to communicate effectively after your breakup, particularly when the topic at hand is as emotionally delicate as your children.
Here is when Family mediation Hammersmith may be useful. Mediation may assist parties in discussing these topics without escalating into a dispute.
The mediator’s only objective is to ensure that your conversations stay on track and remain focused on finding a forward-looking solution that can work for all parties involved.
In this instance, it would include recognising the difficulties, the reasons for limiting or ending contact, and what each of you must do to alleviate the other’s worries.
We can still assist you if you fear being in the same room with your former lover. With shuttle mediation, you will not have to meet your ex-partner in person.
You will be separated in separate rooms while your mediator circulates between you.
I am willing to attempt Family Mediation Hammersmith, but what if my ex-spouse refuses?
If you commence mediation by having an MIAM with one of our family mediation Hammersmith, we will call your ex-partner and ask them to have their own MIAM to begin the mediation process.
However, they are not required to participate since mediation is a voluntary practise.
If they refuse to participate, we will provide you a certificate stating that mediation was unsuccessful. This is required before submitting an application to the family courts.
Although it is feasible to represent oneself in court, you may choose to hire a family law attorney to state your case instead.
Many individuals find the family court to be a foreign and daunting setting, so it is crucial to present your case in a clear, succinct, and impartial manner to maximise your chances of success.
Your attorney will likely request an interim contact order at the first hearing, assuming there are no safeguarding concerns, in order to provide you some amount of contact until the complete hearing.
Any interim contact orders are likely to be fairly restricted, and if your ex objects, you may not be granted permission for your children to spend the night with you (known as overnight contact).
However, contact should be preferable than none at all.
The final hearing will likely not occur for some months. The court will likely request a CAFCASS report to assist the judge in determining what arrangements are in the best interests of the children.
When the final hearing occurs, there will be a formal court order dictating how much time each parent spends with the children and when.
Both parents are bound by the terms of the order, and it is fairly unusual for both parties to feel dissatisfied with the terms to some degree.
If you or your ex-spouse fail to comply with the conditions of the court order, it is a severe offence that might result in a fine or even imprisonment for the offender.
Conclusion For Family Mediation Hammersmith
It is usually stressful – for both parents and children – when conflicts about access to or contact with your children continue on after a breakup.
It is usually preferable for all parties involved, particularly the children, if these issues can be addressed outside of court. Court proceedings are long, costly, tense, and contentious.
It might take well over a year to resolve issues, during which time the parent who is refused access to their children loses out on their growth and development.
If you and your ex-partner do not communicate effectively after the breakup, mediation is the best approach to address conflicts around access and contact with your children.
Mediation may assist you and your ex-spouse in identifying the precise obstacles, discussing them honestly and reasonably quietly, and reaching a mutually acceptable arrangement that answers your primary concerns.
Importantly, it is often the greatest method to reach a speedy and amicable resolution so that your children may have strong connections with both parents without feeling as if they are continually caught in the midst of an argument between their parents.
Copyright 2023/24 – capitolfamilymediation.co.uk