What age can a child refuse to see a parent UK?

Asked by: Miss Felicia O'Conner Jr.  |  Last update: February 19, 2022
Score: 4.4/5 (6 votes)

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

Can my child refuse to see her father UK?

Refusal to allow a parent to have contact is likely to result in an application being made to court. If contact is refused and the non-resident parent takes the case to court, the resident parent will have to explain why contact was restricted.

At what age can a child decide to stop seeing a parent?

This can be around the age of 12 or 13 but varies on the circumstances. The wishes and feelings of a child below the age of 11 may be taken into account but will not usually carry such weight.

At what age will the courts listen to a child UK?

The government has made the commitment that from the age of 10, children and young people involved in all family court hearings in England and Wales will have access to judges to make their views and feelings known.

What Age Can child decide visitation UK?

A child cannot legally decide who they want to live with until the age of 16. However, this may extend to 17 or 18 if there is a child arrangement order in place that specifies where a child should live.

Who gets custody of a child or children in a UK divorce?

24 related questions found

What do you do when your child doesn't want to see their dad?

If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.

Can a 13 year old decide which parent to live with UK?

In England and Wales a child can choose who to live with from the age of 16, unless there are certain Court Orders in place that say otherwise. However, you can allow younger children to make this decision for themselves if you wish, but their decision alone won't have any legal standing.

Can a 14 year old decide which parent they want to live with?

The Children's Act 38 of 2005 states that if the court is convinced that the child is of sufficient maturity to make his own choice and not, for instance, be influenced by his parents in his choice, the court will take his choice into consideration.

Do mothers have more rights than fathers UK?

The short answer to your question is yes, fathers do have the same parental rights as mothers. However, you should know that in the UK, whereas a mum automatically obtains parental responsibility as soon as her child is born, the situation is a bit more complicated for the dad.

How old does a baby have to be to stay overnight with father UK?

The welfare of the child is always the court's top priority, so those under 18 months old are considered suitable to visit their father (or noncustodial parent) for a few hours at a time, but due to their need for routine and familiarity, overnight stays are generally not recommended.

Can I stop my child from seeing his dad?

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.

At what age can a child decide not to see their father Scotland?

It is presumed that a child aged 12 or over has sufficient maturity and understanding to be able to express a view. Children under 12 are also usually can be given the opportunity to express a view too but the court is not required to take that view into account and it may carry less weight.

Can a mother deny a father access?

A father has the same rights as a mother and contact cannot be legally stopped unless there are concerns that further contact could affect the welfare of a child. ... Unfortunately, it is quite common for mothers to stop a father's access to a child merely by refusing to let them see them.

How often should a father see his child?

Each family is unique and reasonable access for fathers depends on the individual circumstances. Some fathers see their children every day, while others might see them just once a month. Parents might share responsibilities and alternate weekend contact, or some fathers may have weekend contact every week.

Can a father take a child from the mother UK?

If there are genuine concerns about the child's safety and/or wellbeing when the child is with the mother, the father can remove the child from the mother but the father must make an emergency application to the court to get the current arrangements changed prior to removing the child.

Can I choose to live with my dad at 14?

They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with. Depending on the jurisdiction in which you live, the age of your child may matter only in terms of the weight a judge might give to a child's preference, should he or she have one.

Can my ex dictate who is around my child UK?

Controlling Who Is Around Your Child

You may or may not be able to stop the other parent's significant other from being around your child. In general, you do not have the power to dictate which adults are around your child when they are with the other parent.

What is classed as an unfit father UK?

What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

What rights does a father have to see his child UK?

The general rule in England and Wales is that it is the child's right to have access to both parents. Both the mother and the father have a right to care for the welfare of their child as well being responsible for their upbringing their child by providing them with food, shelter and clothes.

What do I do if my daughter doesn't want to see her dad?

Encouraging Contact
  1. Remember your role as a parent. Keep in mind that you are the one calling the shots, not your child. ...
  2. Talk to your child about why they don't want to go. ...
  3. Get your co-parent involved. ...
  4. Make parenting time transitions as smooth as possible.

Can a child be forced to see their father?

In the end, courts can force people to do things, but they can't force people to want to do things. The answer to the question, therefore, must still be: no, the courts cannot force a parent to see a child.

What age can a child refuse to see a parent in Ontario?

Generally a child cannot decide which parent they want to live with. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live.

What is Malicious mother Syndrome UK?

In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.

What to do if your ex won't let you see your child UK?

You should try and speak to your ex-partner if the child arrangements you've agreed aren't working - for example, if you're not seeing your children as much as you want. You might be able to make changes, using mediation if you need to, and avoid spending money on going to court.

What access is a father entitled to?

The law states that parents are entitled to “reasonable access” to their children. Unfortunately, there is no one-size-fits-all approach to this — every family is unique and what is reasonable for one family will seem extraordinary to another.