Can my ex-partner stop me from having contact with my child?

At Johnson Legal Family Law, we understand the emotional strain and legal challenges that some

families face when it comes to child contact. Scenarios where one parent is denying the other parent contact with their child can arise following a separation or divorce, leaving the denied parent feeling helpless and desperate to maintain a relationship with their child.

Understanding the Legal Framework

In Scotland, both parents have equal rights and responsibilities towards their children, including the right to maintain meaningful contact provided it is in the child’s best interests. Denying a parent contact with their child without a valid reason is considered a very serious matter. The court’s primary concern is always the welfare of the child, but it also acknowledges the rights of both parents to have a relationship with their child.

Steps to take if your ex is denying you contact with your child

If you find yourself in the distressing situation of being denied contact with your child by your ex-partner, it’s essential to take the following steps:

1. Attempt Communication: Try to communicate with your ex-partner in a calm and respectful manner to understand their reasons for denying contact. Sometimes, misunderstandings or unresolved issues can contribute to the situation.

2. Seek Legal Advice: If communication proves ineffective or if there are deeper issues at play, seek legal advice from a family law solicitor who will be experienced in child contact. They can provide guidance on your rights and the legal options available to you.

3. Mediation: In many cases, mediation can be a constructive way to resolve disputes over child contact. A trained mediator can help facilitate discussions between you and your ex-partner, with the aim of reaching a mutually acceptable agreement. Our team works with excellent mediators who will be able to offer expert guidance.

4. Court Action: If mediation is unsuccessful or may not be appropriate in your circumstances or if there are concerns about the welfare of the child, it may be necessary to pursue court action. A court can issue a contact order outlining the terms of contact between you and your child, and failure to comply with such an order can have serious consequences.