Fathers'
rights.

Access to children is not an inherent ‘right.’ Parental responsibility (PR) grants certain legal rights and obligations, but there is no automatic entitlement to ‘contact.’ The law prioritises the child’s welfare, determining access based on its potential to enhance the child’s quality of life rather than solely benefiting the father. However, unless safeguarding concerns are evident, the court promotes maintaining a relationship between the child and both parents. Time spent with your child will be arranged if it is deemed beneficial to their welfare. In 2014, the government introduced a presumption favoring the continued involvement of both parents in a child’s life for their welfare. Hence, unless evidence suggests you pose a risk to your child, you will likely be granted some form of contact. Nonetheless, in cases of domestic violence, the courts consider potential harm to the other party if contact is facilitated. The court also evaluates various factors, including commitment, before reaching a decision.

Upon reaching the court, the judge or magistrates will anticipate that you have explored all avenues to reach agreements independently. This includes engaging in mediation, although exceptions exist, such as cases involving domestic violence. Access to your child may be legally withheld by court order if concerns regarding safety and welfare arise, such as: Engagement in criminal activities; Instances of domestic abuse; Misuse of drugs or alcohol; Any other inappropriate behavior jeopardizing your child’s safety. Furthermore, the other parent can contest any court application you submit by providing evidence of the aforementioned issues. In certain circumstances, the other parent may apply to the court for an order against you in your absence if they believe your child is in immediate danger. This is termed an emergency ‘without notice’ order. If the court grants a ‘without notice’ order, a subsequent hearing will be scheduled shortly afterward, allowing you to defend the allegations and present your perspective.