Fathers Rights To See Children

Separation and divorce are painful enough situations, but more so when the parent is restricted from seeing his children.

This article gives information on what you need to know about fathers rights, particularly when it comes to a fathers rights to see children when involved in a child custody battle..

Strictly speaking, parental rights do not actually exist in law. Instead, what the law stipulates is parental responsibilities, which refers to a parents duty in taking care of, providing for, and protecting the child.

While this is often understood as the right of a parent to make decisions for the children, this also includes the right to actually see and remain in contact with them.


When it comes to fathers rights to see children, parental responsibility is not that much of a problem if the father is married to a child’s mother.

This is also not a concern for fathers who have children that are born after 1st of December 2003 in the UK (or 4th of May 2006 in Scotland) who have been registered as the child’s father on the birth certificate, or have formally adopted the child.

The situation becomes more complex for the fathers who are not actually married to the child’s mother and/or are not registered as the father of the child.

A lot of fathers have gotten shocked when they realize that their fathers rights are practically nonexistent.

Because they do not have parental responsibility over the child, they will also not have any right to make important decisions regarding their child’s life, let alone retaining the right to remain in contact and see their children.

What Are A Fathers Rights

father and daughter having fun

It is possible for your former partner to allow you to see your children, but this is technically not part of fathers rights, not unless they have signed a parental responsibility agreement to allow you to keep in contact with your kids.

To make the situation even more muddled, there are actually mothers who flat out refuse their former partners to get in touch with their children.

When this situation occurs, you as the father will need to go to court to apply for a contact order so as to continue seeing your children.

Even then, the mere application of a contact order will not automatically mean that you will get fathers rights to visit your kids.
Instead, the courts will need to determine whether this should be granted or not, based on what it deems to be the best interest of the children.

 

A court will not unreasonably reject a court order application.

What it will do is that it will evaluate the situation to ensure that whatever it will decide will be what is best for the child.

Some of the factors the courts can take into consideration include the amount of commitment the father has shown to the child, the amount of attachment, and the father’s reasons for the application of  the order.

While parental rights for a fathers are not granted by default, this doesn’t mean that they should simply give up the fight to see their children and remain in contact with them.

By getting a good solicitor to handle your case, you can significantly increase the chances of a contact order application being granted by the courts.

This increases a fathers rights to see his children.