As the summer holidays approach, many separated parents look forward to spending quality time with their children. However, if you’re worried that your ex might prevent you from seeing your kids this summer, you’re not alone. At Johnson Legal Family Law, we understand how distressing this situation can be. Here, we provide practical advice to help you navigate this challenging time and ensure that your rights as a parent are respected.
Understanding Your Legal Rights
Both parents share equal rights and responsibilities for their child, entitling them to a meaningful contact. While there are circumstances where it may be appropriate for a child not to have contact with one parent, there are also instances where a parent is unjustly denied access to their child by the other parent. In either scenario, seeking guidance from a Family Lawyer is crucial.
If there is an existing court order or legally binding agreement regarding child contact, your ex is legally obligated to adhere to it. Breaching a court order can result in legal consequences, and you can seek enforcement through the court.
Open Communication
Before taking any legal steps, try to communicate openly with your ex. Misunderstandings or miscommunications can often be resolved through honest and respectful dialogue. Here are some tips for effective communication:
Be clear and specific: Clearly express your desire to spend time with your children during the summer holidays. Provide specific dates and plans to show your commitment.
Stay calm and respectful: Even if emotions run high, maintaining a calm and respectful tone can help keep the conversation productive.
Use written communication: If verbal conversations are difficult, consider using email or messaging apps to communicate your plans and agreements. Written communication can also serve as evidence if legal action becomes necessary.
Legal Action
If all else fails and your ex continues to prevent you from seeing your children, you may need to seek legal intervention. Here’s what you can do:
1. Consult a family law solicitor: An experienced solicitor can provide tailored advice based on your specific situation and guide you through the legal process.
2. Apply for a court order: A Family Lawyer can help you to apply for a specific issue order or a contact order to establish your right to see your children.
3. Enforce an existing court order: If your ex is breaching an existing court order, your solicitor can help you apply to the court for enforcement. The court can impose penalties on your ex for non-compliance and ensure that the order is followed.
Can I take my child on holiday abroad without my partner’s consent?
For separated parents traveling internationally with their child, a notarised travel consent letter is strongly advised. It serves as proof of permission from the other parent and is crucial in cases of custody arrangements, preventing complications at passport control. Many destinations including USA, Canada, Portugal, Italy and Australia may require these documents. A Family Lawyer can assist in notarising a consent letter.
How Johnson Legal Family Law Can Help
At Johnson Legal Family Law, our family law team specialises in navigating child contact. We offer bespoke services tailored to your specific circumstances, with both in-office and remote consultations available. With the right approach, you can work towards a resolution that ensures you and your children have a joyful and memorable summer together.
We offer all our clients a free, 15-minute consultation call with one of our solicitors to determine how we can help. Call our office on 0131 622 8477 email [email protected] or submit your enquiry here https://www.edinburghfamilylaw.co.uk/contact/.
