Legal Eagle: Advice for a parent on getting access to a child when it is denied

The first thing you should do is find out from the other parent why they are refusing contact with your child. It is important to try and resolve these concerns amicably and make reasonable suggestions as to how contact could progress. If you are unable to resolve things with the other parent, directly, we may be able to assist by way of negotiating on your behalf. If such is still not successful, then the next step is to approach a Family Mediator who will decide if mediation could assist.

This step is necessary in order to make an application to the Court. You should however be aware that Court is always regarded as the option of last resort.

If mediation is unsuccessful, or the mediator deems mediation inappropriate, you can make an application to the Court by filling out a C100 form. The Court will then list your application for something called a ‘Gatekeeping’ hearing. At this hearing, neither parent is required to attend, and the Court will decide what needs to be completed before the first hearing.

Children and Family Court Advisory and Support Service (Casfcass) will become involved at this stage. Their role is to discuss the case with both parents and discuss any safeguarding concerns either parent may have. Cafcass is independent to the Court and will put forward what they believe is in the child’s best interests. They will then complete a safeguarding letter, which is provided to both parents. Within this letter, they will summarise any safeguarding issues and make recommendations as to whether they require any further involvement.

Ben Hoare Bell can assist you at all stages of the above and can act on your behalf if negotiations are required at Court to resolve the issue. The Court expects parties to try and resolve the matter between themselves throughout each stage of this process. We would be able to assist you in doing so, by communicating with the other parent on your behalf.

If the above situation is similar to an issue you are currently struggling with, or you have another family matter you seek advice on, please do not hesitate to get in touch on 0191 275 2626 or via email at [email protected].