When you are in the process of divorcing your partner, if you have children, you will undoubtedly have questions about how your separation is going to impact them.

Child access has always been an emotive, hot-button topic for many parents, and when it comes to child access post-divorce, many parents have concerns that they will legally not be allowed to see their children or will be denied access in some way.

At Prentice Family Law, our divorce solicitors in Guildford will always aim to ensure that our clients are able to see and maintain communication with their children post-divorce, and we will always seek to represent you if your former partner is putting barriers in the way.

There are a myriad of myths that surround child access post-divorce, which can prevent people from seeking advice about their legal rights. In this article, our divorce solicitors in Guildford answer questions about child access, to help you get a better idea of what you are entitled to when it comes to seeing your child or children.

Who has the final say in child access?

Hopefully, when you and your partner are divorcing, you will be able to come to an amicable conclusion about child access, which will usually revolve around one parent having primary custody and the other seeing the child or children on weekends. However, if you are divorcing on less than amicable terms, our divorce solicitors in Guildford will need to make some petitions for child access to a family court, wherein the judge will decide on the instances surrounding child access.

Can a father be denied access?

No, in the UK unless a father is deemed hazardous to the child, they cannot be denied access. If you have concerns that your partner is pushing to have your access to your child or children denied, then please seek the advice of our team at Prentice Family Law.

Do I have the right to see my child if I can’t afford child support?

Yes, under UK law you have the legal right to see your child even if you are unable to make child support payments. Of course, if you are seeking legal representation during the divorce, you will need to mention why you cannot pay for child support. This will be seen as a willingness to comply and will usually work in your favour related to child access.

How is someone proven unfit to look after a child?

There are many factors that are taken into account when it is being explored whether somebody is fit or unfit to take care of a child. As mentioned earlier, unless the parent is deemed to be a threat to the child, or will have a negative impact on the child’s mental or physical wellbeing, in most instances they will be deemed suitable to look after or visit their child. So, if you suffer from mental health issues, for example, your spouse cannot deny you access to your child on this basis alone, unless it can be proved that your mental health issues may pose a threat to the child’s welfare.