How to stop father seeing child
Top 3 Improper Ways Parents Stop a Child From Seeing the Other Parent
Here are the top 3 improper ways a parent may try to stop a child from seeing the other parent
by B. Robert Farzad
Can a parent stop a child from seeing the other parent? Is it proper do so?
Find me two parents with a young child or children who are separating and you will likely find one parent asking these questions. Who asks this question? The parent whose parenting time is frustrated by the other parent.
What is the answer? The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations.
- The parents (whether married or unmarried) are no longer together and the child resides with one of the parents. The parent with whom the child lives is limiting contact between the child and the other parent.
- The parents have an existing child custody and parenting time order.
However, the child refuses to see one parent and the parent not seeing the child has reason to believe the other parent is encouraging this misbehavior.
- The parents have an existing court order, and a parent is violating the court order by interfering with the other parent's parenting time.
Let's get started.
P.S. If you like videos, we offer you one to watch below.
Be serious about parenting. This is not a game. Complaining about the other parent keeping the child from you may fall on deaf ears if you are not capable, ready and willing to spend quality time with your child.
Your Table of Contents for Topics We Cover
The following are the three main topics we cover.
- First, stopping a child from seeing the other parent when there is no court order.
- Second, stopping a child from seeing the other parent when a parent claims it is the "child's choice."
- Third and finally, stopping a child from seeing the other parent in violation of a court order.
Click on each image to jump ahead.
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Prefer to watch a video instead of or in addition to this article? You are in luck! Enjoy. For those with disabilities, here is a transcript of the video.Can a parent stop a child from seeing the other parent when there are no court orders?
We call this gate-keeping, and two types fit what we write about in this article.
Protective gate-keeping
Parents who have reasonable concerns about the other parent may engage in protective gate-keeping.
- They do stop a child from seeing the other parent but not because of nefarious reasons.
- They do so because of reasonable concerns grounded in facts.
The key to this is the facts.
A parent without a court order technically cannot stop a child from seeing the other parent. He or she may still have concerns regarding the following.
- Substance abuse,
- Lack of anger management (especially if it amounts to abuse), and
- Lack of parenting skills.
A parent who without reasonable justification stops a child from seeing the other parent often does so due to his or her own immaturity or nefarious intent. The gatekeeping results from the restrictive parent's obsession with control or simply unresolved anger against the other parent.
There is no perfect parent standard
What if the mother believes the father does not have her level of parenting skills? However, the father is otherwise capable of caring for the child without endangering the child. Is the mother's basis to stop a child from seeing the other parent unjustified? Yes, it is.
Through our extensive experience in child custody cases, we could probably give you over 50 examples of justified, protective gate-keeping and 50 more that were not.
Justification however still does not give a parent a legal basis to stop the child from seeing the other parent. The concerned parent should immediately seek appropriate child custody and visitation orders and bring his or her concerns to the court's attention.
The parent whose contact is unreasonably prevented or limited should not stand idly by and do nothing. If he or she does nothing, the parent may establish a status quo. The status quo may make it more difficult for the court to change it in the short term.
That parent should also seek immediate child custody and visitation orders.
What is a restrictive gate-keeper?
A restrictive gate-keeper is a parent who without justification prevents the child from seeing the other parent. The parent is usually scorned about the breakup and seeks his or her revenge by using a child as leverage to hurt the other parent.
This type of restrictive parent may also make false allegations of abuse or neglect against the other parent.
- Restrictive gate-keepers are not necessarily terrible parents.
- Despite their parenting skills, they have little respect for the other parent's role in the child's life.
Such parents engage in disparagement of the other parent or the other parent's family or friends to the child.
- Sometimes they do this directly to the child.
- Sometimes they ensure the child sees or overhears communication intended to disparage.
- They rarely co-parent without unreasonable conditions that satisfy their need for control.
Grandparents will sometimes become co-conspirators in the restrictive gate-keeping
We commonly see such parents defer to their parents (the child's grandparents) for help with the gate-keeping. The grandmother or grandfather then becomes a gate-keeping vehicle that assists the alienating parent throughout the process.
When a restrictive parent stops the child from seeing the other parent, court action becomes urgent. A gate-keeper is not a parent who reasonably believes they should limit contact. He or she is a parent who is often intent on destroying the other parent's relationship with the child.
- If the other parent does not take immediate court action, that parent empowers the restrictive parent to continue.
- The inaction often results in the bond between the other parent and the child to break.
This happens because the other parent spends limited or no time with his or her child.
When confronted with the restrictive gate-keeper, seeking joint custody is sometimes a mistake
Setting forth the restrictive gate-keeper's misconduct may justify asking the court for primary or even sole custody. Until the restrictive parent shows a willingness to co-parent and become reasonable, this may be the only reasonable option.
If the court does not grant your request, you will have at least set a precedent for it. Therefore, if you revisit it later, you may remind the court this was the concern you shared earlier, and it remains a concern.
All of this assumes you are the parent with the necessary parenting skills. It also assumes you have the time to dedicate to the child's care.
How can keeping a child from the other parent backfire if there are no court orders?
Just because there are no court orders does not mean a parent can frustrate the other parent's time with the child.
The parent whose time was unreasonably frustrated has several options:
- The parent can ask the court for primary physical custody of the child or children. Frustration of parenting time is a factor the court takes into consideration when it makes custody orders. In extreme cases, especially those that involve abduction or concealing of the child, sole custody may be an appropriate request.
- The parent can ask the court to order the other parent into parenting or co-parenting classes. Some parents who keep a child from the other parent do so due to their own immaturity or failure to understand how such behavior actually hurts the child. Parenting or co-parenting classes can help.
- California Family Code 271 is designed to punish bad behavior by ordering a spouse or parent to pay the victimized parent's attorney fees if the unreasonable parent engaged in litigation misconduct. Keeping a child from the other parent, taking unreasonable positions during a custody case and forcing litigation and court proceedings are all sanctionable under section 271.
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Can a parent stop a child from seeing the other parent by claiming it is the child's choice?
This part of the article is not about a situation where a child does not want to see the other parent for legitimate reasons. Such reasons include abuse or severe neglect. Instead, we write about those situations where a parent improperly influenced the child not to see the other parent.
To understand how and why this happens, a parent must understand parental alienation. Parental alienation is a common tactic by one parent who intends to significantly harm and even destroy the other parent's relationship with the child.
From our article titled "What is Parental Alienation and What Can You Do About it?" (linked below), here is our definition.
"Alienation, by definition, means to isolate one thing from another. In the case of parental alienation, it means steps (often planned and malicious ones) a parent takes to isolate the child or children from the other parent through words and conduct and to create a division, estrangement and even hostility between the victimized parent and child."
There is little a parent can do to stop the alienation absent a court order. The way to stop it is for one of the following to occur.
- The alienating parent voluntarily changes his or her behavior, which rarely happens, or
- The victimized parent obtains a court order that takes custody away from the alienating parent.
We encourage you to read our articles on parental alienation as it will provide you with a proper strategy on how to document the misconduct. It will also teach you how to seek appropriate court orders to put an end to it.
We are skeptical of the "child's choice" claim some parents make. If the parent who is not seeing the child caused significant harm to the parent-child relationship, then a judge may see the child's choice as one that has evidentiary support.
However, absent that, there has to be another explanation and it is often parental alienation and interference with the parent-child relationship.
Children just do not, without a specific explanation, stop caring for and desiring to spend time with a parent. That effect has causes.
Additional articles you will enjoy
- Family Law Contempt Actions
- What is Parental Alienation?
- California Child Custody Laws
Can a parent stop a child from seeing the other parent by refusing to follow a court order?
The short answer is no; a parent cannot lawfully stop the child from seeing the other parent in such a circumstance.
- Court orders are not suggestions.
- They direct parents to comply with them.
- A parent who refuses to comply with a child custody order and stops a child from seeing the other parent violates the court order.
As I write this article, our law firm just won a contempt action, and the judge found the mother guilty of over 20 counts of contempt for her failure to abide by a child custody order.
Such action must be the measure of resolve by a parent who does not see his or her child as a result of the other parent's violations of an order.
To read more about contempt, check out our informative guide about family law contempt actions linked later in this article.
Are there situations a parent, despite a court order, should stop a child from seeing the other parent?
If there is child abuse or other conduct by the other parent that endangers the child's health or safety, a parent may take lawful steps to prevent the visitation.
However, absent extreme circumstances, a parent usually has the option of contacting the proper authorities including the police or child protective services.
Also, if there is an immediate threat of harm to the child, a parent may seek emergency child custody relief.
To learn more about emergency court orders, read our article titled, Ex Parte Divorce and Ex Parte Custody Orders Are About Real Emergencies.
How can keeping a child from the other parent backfire if there are court orders?
We discussed contempt earlier and that is the most severe remedy against a parent who violates a court order. Contempt can carry fines, community service and even jail.
But in addition to a contempt action, keeping a child from the other parent in violation of a court order can also backfire by losing custody of the child.
A parent who violates a custody order does not act in the best interests of a child. Such a parent is either reckless or dangerous to a child's needs. Courts can and do take custody away from such parents depending on the severity of the misconduct.
Contact us for an affordable strategy session
Our attorneys do not have patience with a parent who unjustifiably interferes with the parent's parent-child relationship.
Some of these malicious, interfering parents know they have no grounds to seek court orders to restrict or eliminate parenting time so they engage in self help. They count on the fact the victimized parent will not act.
Unfortunately, many times, the malicious parent is right. Too many fathers and mothers do not take these issues seriously enough and lose out on quality time with their children.
It takes courage to take action.
Through that courage and action, you can stop a parent's unlawful or improper interference.
When you have the courage, what do you do? You contact us.
There is no substitute for legal advice from and representation by an experienced California family law attorney.
We believe good men and women deserve great family law representation. Contact us for an affordable strategy session.
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How Can I Stop a Father seeing his Child
Our child law specialist commonly advise and assist on the topic of how can I stop a father seeing his child.
The general presumption under English Law is that both the mother and father of a child should be involved in the child which is in the best interests of the welfare of a child.
Therefore, your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child’s welfare. This also applies to mothers who consider stopping father seeing child.
This also applies to mothers who consider stopping father seeing child.
Common reason for stopping father seeing child?
Many mothers often question how can I stop a father seeing his child?
A mother can only stop a father seeing their child if the child is at risk of exposure to circumstances or behaviour that presents a safeguarding issue. The concerns which usually fall under this category are:
- criminal activity
- domestic abuse
- drug/alcohol misuse
- any other inappropriate behaviour that puts your child at risk
If any of the above apply the courts will not be reluctant in stopping father seeing child.
This will last until the issues have resolved or there has been a further change in circumstances.
Unless these special circumstances apply the mother will not be able to stop a child seeing her father given that the law promotes the relationship of both mother and father. As well as the parents having a right to see their child, the child has a right to see both parents and receive the love and care of both parents.
Not good reasons for stopping father seeing child
Some mothers wonder can I stop my child seeing her father. It is important to note that contact should only be refused where there is a good enough reason to do so.
This is particularly the case where there is a risk of violence or safety issues. Simply stopping father seeing child because there were delays in returning or collecting a child for contact is not a good reason to stop a father seeing his child. There may be occasions where the father has failed to carry out a scheduled contact session with a child. This is unlikely to be a good reason for stopping a father seeing his child.
Qui Quite commonly family lawyers are asked can I stop my child seeing her father if the father refuses to pay child support.
Again, refusal or failure to pay child maintenance is not a valid reason for preventing a father from seeing his children.
Child support which is also known as child maintenance is a separate issue to child contact. A child’s contact cannot be withdrawn on the basis of issues with child support payments. It is the legal right of the child to have contact with both parents which is beneficial to them and this includes contact with the father.
The options available to the court when stopping father seeing child
When considering the welfare of a child the courts will make a decision whether to stop a father seeing a child. If there is clear evidence of potential harm or risk to the child, the court may order a father to completely stop seeing their children.
Other options available to the court are:
- How long you can see them – whether or not any overnight contact is awarded or the duration of the contact itself.
- When you can see them – This could be during the week, during weekends or school holidays and special occasions as well as festivals
- How you see them – this can be through supervised contact, Unsupervised contact, contact centre or your home
- The type of contact – such as direct physical contact, or indirect contact such as letters, emails or phone.
Although the law promotes an active relationship of both parents with the child, the contact and access one parent has with their child can be stopped or restricted when the courts consider the welfare of the child.
The courts can therefore stop a father seeing his child if it affects the welfare and interest of the child.
Can I stop a father seeing his child if his partner is abusive or violent?
As previously stated it is the right of the child to have access and contact with both parents. Furthermore if the father has parental responsibility he has a right to have a say about the child’s upbringing and welfare. The father is also able to see the child without any restrictions on how the contact sessions are held.
If the father’s partner is abusive or violent there are other steps which can be taken to restrict the contact your child has with the father’s partner. This resolves the issue rather than to stop a father seeing his child. An application could be made to the family court for a prohibited steps order.
In this situation you would need to convince the court that it is in your child’s best interest not to meet their father’s partner and how any contact with the father’s partner can impact your child.
If you are successful in securing a prohibited steps order this will prevent the father of the child from allowing the children to meet his partner unless ordered by the court.
In the case of an abusive or violent new relationship you will not be able to stop a father from seeing his children unless the father is abusive or violent and is at risk of causing harm or abuse to the children.
Can I stop a father seeing his child if the child no longer wants contact or refuses to go
There may be occasions where a child no longer wants contact with their father or refuses to go to see their father. In such situations a mother should try and understand why the child feels this way rather than stop a father seeing his child. The courts place the child’s best interests and welfare as the most important factor when determining any child issues.
It is therefore important that any concerns or issues raised by them are listened and discussed with the father.
It is therefore important that any concerns or issues raised by them are listened and discussed with the father.
If at all possible the mother should discuss the issues with the father and share the children’s concerns. The conversation should try and be to assist the father better understand the reasons for his child refusing contact so the father can try and look at making changes.
If following the initial issues the child still refuses to see their father then an application can be made to the court to amend the current contact in place. Although the courts take the child’s welfare and wishes into account, it would need to be proved that the current contact with the father is detrimental. The child’s opinion of not having contact is alone not sufficient as the courts will understand that it is in the child’s best interest to have both parents in their life.
There may be other considerations which need to be given to a situation where a child no longer wants contact or refuses to go to a contact session with the father. Mothers should promote a child’s contact with the father to avoid there being any issues of parental alienation. Although a child may not want contact, a father may try and argue the mother is alienating the child which could cause more issues.
Can I stop a father seeing his child if the child is scared?
There may be occasions where a child has had regular contact with their father and suddenly is scared or afraid to go to contact. As a result, you may want to stop your child seeing her father. Again, in such instances a mother should try and ascertain the reason as to why the child is scared. The father should also be consulted to try and reach the problem of why the child is scared. It may be the case that the child is going through a stage where they just don’t wish to go to a contact session with their father or alternatively there may be a real problem which needs addressing.
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.
How can I stop a father seeing his child without going through a family court?
A common occurring question is whether a mother can stop a father seeing his child without going through a family court. The key consideration in deciding whether you could prevent a father from seeing his child is whether the father has Parental Responsibility. Parental responsibility grants a father all the legal rights and responsibilities for their child. Where a father does not have parental responsibility over a child then a mother can stop a father seeing his child.
If a father who is not in receipt of parental responsibility wishes to have contact with their child they would first need to establish parental responsibility via the courts by obtaining a parental responsibility order.
Once the father has established parental responsibility then an application can be made to the court for child contact.
If a father has parental responsibility over a child a mother may still be able to stop a father seeing his child without going through a family court if both the mother and father are amicably able to agree the same.
How can I stop a father seeing his child if there is a Court Order in place?
A key point to note that if there is an existing child contact or arrangement order in place then this is legally binding. Stopping father seeing child can constitute as a failure to follow a court order. Failure to follow the order can lead to a breach of an order which could result in a mother being in contempt of court.
Therefore, if a mother is looking to stop a father seeing his child without a valid reason then this can have significant implications. In such a scenario the father can revert back to the court for enforcement of the existing order.
This could potentially lead to an enforcement order against the mother, a prison sentence or a fine amongst many other powers the court has.
If, however, the current child arrangements are not working the matter can be referred back to the family court. A families circumstances may change, the behaviours of one of the parents can change or the child may no longer want contact with a father. In such instances an application can be made for a variation order.
Common reasons for a variation order are where parents struggle to comply with terms of the order, child doesn’t wish for contact with a parent or where one parent is relocating. Following such an application the courts will consider the change in circumstances and if applicable amend the current arrangements in place. Again, as with initial procedure the courts will consider the best interests and welfare of a child before making a further order.
If a father has parental responsibility over a child a mother may still be able to stop a father seeing his child without going through a family court if both the mother and father are amicably able to agree the same.
Warnings about stopping father seeing child
If you are a mother who is looking to stop a father seeing his child, it is important you thoroughly consider your position. You may be feeling bitter following a divorce or separation and may want your former partner completely out of your life. However, it is important that you allow the father access to see his child. It is the right of the child to have access to both parents unless there is risk of harm or abuse.
If you feel contact of your child with the father is likely to be of significant detriment to your child, then you should immediately seek legal advice on stopping father seeing his child.
Family lawyers will be able to assess whether you are in your right to stop contact and will be able to assist you in stopping contact.
If there is no valid reason to stop a father seeing his child, then you may be jeopardising a father relationship with a child which could lead to an enforcement order or even of allegations of parental alienation.
It is therefore important that whatever the scenario is you obtain legal advice to ensure you are not breaching any orders. Obtaining legal advice early when considering stopping father seeing child can help you save time and money. Together with your legal adviser you may be able to mutually make alternative arrangements with the father and avoid the expense and time of going to court.
Consult legal advice on stopping a father seeing his child if you have concerns
We would always encourage and promote contact with fathers, where possible, and only recommend stopping contact only if it is in the child’s best interests. Ultimately it’s a child’s right to have access to both parents.
If you are looking to stop the father of your child from seeing their child due to one of the concerns mentioned, then you should seek assistance from family lawyers. Contact us today on 0330 094 5880 or let us call you back to arrange an initial no obligation consultation and speak to us to assist you in resolving your child law dispute.
Restriction of communication between the child and the father: procedure, assistance of a lawyer
Services of a lawyer in family disputes
It's no secret that when spouses terminate marital relations, the question inextricably arises not only about the division of property, but also, no matter how rude it may sound, about the "division" of children, who, as a rule, remain to live with their mother.
Contents of the article:
- How long does a father have the right to see his child under the law?
- How to prove that the father is a bad influence on the child?
- How to limit the child's communication with the father?
- How to prevent the biological father from seeing the child?
- Assistance of a lawyer on restriction of contact with a child
ATTENTION : our family lawyer will help you with the issue of limiting the communication of the child with the father: professionally, on favorable terms of the legal aid agreement and on time.
Call today!
How long does a father legally have the right to see a child?
In the event that the former spouses do not have claims against each other in this respect, his rights are not limited (Article 61 of the Family Code of the Russian Federation). But, if relevant litigation arises, his rights to communicate with the child (children) are limited by the court.
Advice : we strongly recommend not to resort to illegal actions - stealing a child, annoying a mother, etc., otherwise, during the trial, these circumstances will testify against you.
How to prove that the father is a bad influence on the child?
If, during or after meetings with the father, the child is not recognized - he is capricious, behaves differently than usual, uses foul language - there is a reason to limit the communication of the father with the child. But how to prove it? Of course, this requires hard facts, and not guesses or suspicions of the mother, which may include:
- Witness testimony, including close relatives
- Testimony given by a psychologist working with a child
- Data received by the guardianship authorities about the father's criminal record (if any), police calls, etc.
- Information that the father of the child does not own or use housing suitable for the child to stay in it (by area, condition, etc.)
- Facts proving that the father is not healthy - tuberculosis, hepatitis, etc. Or is registered with a narcologist, psychologist, etc.
If the court has already established a schedule of communication with the child - data on its regular violation. These circumstances can or cause psychological trauma to the child.
In addition to the above, contact the guardianship authorities. Ask them to have a conversation with the father - this fact will be recorded. Also, guardianship officers inspect the father's housing, for its compliance with the needs of the child. Be sure to involve them as third parties in the trial, these testimonies will be very important to you.
In addition, as part of the preparation for the trial, you can interview the child himself, ask what they do during meetings with the father. But! Such a conversation should be conducted by a psychologist.
The court, on its own initiative, or at the request of a person participating in the case, may also question the child, ask his or her opinion. If the child is older than 10 (ten) years, then his opinion will be of significant importance in the consideration of the case, and if the father has no problems with the law or health, then you are unlikely to be able to restrict his rights.
Important : when filing pending claims, the state fee is not paid, more about determining the schedule of communication with the child at link
How to limit the child's communication with the father?
Of course, after a divorce, both father and mother have equal rights in relation to their children. However, it is far from uncommon when they part, having a bad relationship, and want to annoy each other, even using common children in this.
Unfortunately, if it's just a desire, not backed by anything, nothing will work.
In addition, neither the family code nor other regulations establish a specific list of grounds on which a mother (or father) can restrict a former spouse in communicating with a child, has not been established.
But in practice, considering similar disputes, these may be the grounds set forth in Article 69RF IC:
- failure to fulfill obligations to pay maintenance payments, if they are appointed by the court, or there is a corresponding agreement certified by a notary
- violent acts against children (child), including psychological ones
- unwillingness (or rather refusal) to accompany the child to preschool, school, medical and other institutions, the visit of which is necessary for him
- alcohol or drug addiction
- other facts indicating that the former spouse failed to fulfill parental obligations
The above reasons can become the basis not only for restriction, but also for deprivation of the former spouse (spouse) of parental rights.
In addition, if the father:
- has a bad effect on the child
- cultivates in him cruelty, aggressiveness, passion for unhealthy hobbies
- negatively affects his learning
- instills disrespect for elders, relatives (including mother)
- Ignores the interests of the mother, keeps the child
- etc.
All of the above circumstances will also be a reason for limiting the father in communicating with the child. Of course, this can only be done in court, by filing an appropriate application.
USEFUL : read also about deprivation of parental rights at the link
How to forbid the biological father to see the child?
Again, we recall that everything related to prohibitions is decided only by the court. If the father fulfills his duties - supports and raises the child, you cannot deprive him of paternity.
Prohibition of communication or restriction of his parental rights - such a decision can be made by the court if:
- communication with the father psychologically and / or physically negatively affects the child
- the parent has a disease (including psychological) that poses a danger to the child
- father is alcoholic or consumes excessive amounts of alcohol, uses drugs
- communication with the father poses a danger to the life and health of him and his mother (even in the form of threats)
- the obligation to pay alimony is not fulfilled for more than 6 months.
However, you do not have the right to prevent communication with the child on this basis on your own. Moreover, this fact may be the basis for refusing to satisfy the requirements for a ban on contact with the child
Not only the mother, but also other close relatives, as well as guardianship and guardianship authorities and other institutions that are responsible for the health of children (schools, kindergartens, etc.), the prosecutor can apply for a ban on communication with the child.
After 6 months from the moment the restriction (prohibition) on meetings with the child has been introduced, the guardianship authorities have the right to file a lawsuit with a court for deprivation of parental rights (if the circumstances that served as the basis for the restriction have not been eliminated). This application may have been submitted earlier.
When considering a court case, the following are involved in the process: the prosecutor and guardianship officers.
In addition to the above, during the trial, the issue of paying maintenance obligations is resolved. After the entry into force of the court decision, it is sent to the registry office at the place of registration of the child (by the court).
Child Restriction Lawyer Assistance
You may need the assistance of a family law attorney in child rights litigation. And with great pleasure and no less professionalism, we are ready to provide it at any stage of the proceedings, from consultation to the execution of a judicial act.
In the litigation under consideration, it is very important to collect a complete evidence base and, on the basis of it, prepare a competent application to the court.
Do not neglect this advice, since we are talking about a child, and it is sometimes very difficult to dispassionately protect his rights on your own.
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Forbid ex-husband to see the child Sometimes: 9001 9002 the reason for the divorce is not the banal “they didn’t get along”, but the dangerous behavior of the father. A man may abuse alcohol or use drugs, harm the mother and child, or have a mental illness. In such situations, the child does not need to communicate with him. How to prohibit an ex-husband from seeing a child and whether it is possible to do this, read our article.
Can a wife forbid her husband to see her child?
Under the law, mother and father have equal rights and obligations in relation to the child. But we are talking only about a joint child. That is, in order to obtain parental rights, a man must be recorded in the documents of the child as the father.
So, a wife may legally forbid her husband to see her child if the matter concerns:
- the wife's child from her first marriage, whom the second husband did not adopt;
- an adopted child who was adopted only by a woman;
- an adopted or ward child, if only a woman is registered as a foster parent or guardian.
At the same time, a woman cannot forbid her husband to communicate with the child if the dispute has arisen in relation to:
- the spouse's natural child born in wedlock;
- wife's child from the first marriage, if this man adopted him;
- an adopted or ward child, if the guardians of the spouses were registered together or the contract was concluded with the husband;
- a child who is adopted by spouses together or only by a man.
An exception is the situation if the man violates the child's interests or poses a danger to the child. In this case, the mother may interfere with communication.
But it needs to be done by law.
How can I prevent my ex-husband from seeing my child?
If a mother wants to prevent a father from seeing his birth child, then a court order must be obtained. In 2022, in Russia there is no such thing as a ban on communication. But this function is performed:
- court decision to determine the order of communication;
- court decision to restrict parental rights;
- court decision on deprivation of parental rights.
Let's consider each option in more detail.
Determination of the order of communication with the child
The determination of the order of communication with the child is the approval of the schedule according to which the parent living separately from the child can meet with him.
You can determine the order of communication:
- voluntarily;
- through a notary;
- through the court.
Each option is absolutely legal and can be used in practice. With voluntary registration, the mother and father simply draw up a written contract. They sign the document and do not certify it. Such an agreement is valid by law, so it can not be certified by a notary.
But if parents want to contact a notary, they can do so. Unfortunately, the agreement will not acquire any additional force from this. Therefore, notarization is exclusively the initiative of the parents without much legal meaning.
But if the mother wants to prevent the father from seeing the child, it is better to go to court. As a result, a court decision will be made. It is mandatory for execution. And for its violation administrative responsibility is provided.
Let's say the court decision stipulates that the father meets his son on Sundays for 2 hours in the presence of the mother. And the man took the child on Wednesday from the kindergarten and did not warn the mother. In this case, the woman can apply to the bailiffs and ask to hold the father of the child liable for violating the court decision under Art.
5.35 of the Code of Administrative Offenses of the Russian Federation.
That is, a court decision on determining the procedure for communicating with a child does not completely prohibit the father from meeting with the child, but may significantly restrict his rights. And absolutely legal.
It is believed that only the father can apply to the court. Because he needs a certain order. In fact, the mother can also initiate a lawsuit to prevent the father from coming in after school hours or picking up the child from school or kindergarten.
How to determine the order of communication with the child:
- Prepare your documents.
- File a claim.
- File a claim with the child's father.
- Submit documents to the court.
- Attend a court session.
- Get a court order.
Consider the details of the procedure.
Documents for determining the procedure for communicating with a child
To determine the procedure for communicating with a child, it is necessary to prepare:
- passport;
- child's birth certificate;
- certificate of the place of registration of the child;
- certificate of the composition of the mother's family;
- desired communication schedule;
- marriage/divorce certificate.
Additional documents will have to be attached at the request of the court.
A 2NDFL certificate, a lease agreement, an extract from the USRN for housing, a reference from the place of work, from the place of study and other documents can be attached on your own initiative. But they won't matter much.
In making a decision, the judge will be guided by the opinion of the child (age 10+), the age of the child, the opinion of the county guardianship department, and the desired communication schedules provided by the father and mother.
At the same time, the mother can attach to the claim an agreement with circles and sections that the child attends. This will be proof that at the indicated time the child cannot communicate with his father, as he attends classes.
Statement of claim to determine the order of communication with the child: sample
A claim for child care must include:
- the name of the court;
- mother's details and telephone number;
- father's details and telephone number;
- title of application;
- marriage/divorce information;
- child data;
- desired communication schedule;
- justification for your choice;
- reference to law;
- claims;
- list of documents;
- date and signature.
The schedule should include:
- so that it maintains the usual mode of the child;
- so as not to interfere with attending educational institutions and clubs;
- from what time and until what time the father can communicate with the child;
- who picks up the child and when they return;
- where the father and child may be during the communication period;
- whether the mother must be present at the meeting;
- how communication will take place during the holidays. holidays and birthdays.
It is desirable to take into account all these nuances.
Court practice
As court practice shows, mothers rarely go to court to determine the order of communication with their child. Women prefer to illegally interfere with communication between father and child. And the fathers are already going to court.
Restriction of parental rights
A mother can forbid a father to communicate with a child if he poses a danger to him (Article 73 of the RF IC).
To do this, she must obtain a court decision on the restriction of parental rights.
Restriction of parental rights is a prohibition to communicate with a child without the consent of the mother. That is, a man can meet with his son or daughter only with prior approval from the mother.
Please note! There is a version that, in addition to the mother, one must also take into account the opinion of the district department of guardianship. However, if a minor lives with his mother, then you only need to know her opinion.
The mother must prove to the court that the man is a danger to the child. Namely:
- has a mental illness;
- more open tuberculosis;
- has no permanent place of residence;
- is in a difficult life situation, which negatively affects his way of life;
- is a vagrant;
- ignores the best interests of the child when the child is with him.
Often, the restriction of parental rights is the first step towards deprivation.
Except in cases where a man is limited in parental rights due to illness. In particular, if the reason for the restriction was a mental illness, then depriving the father of parental rights will never work. This restriction is valid for life.
If the reason was a bad attitude towards the child or ignoring his needs, then the restriction is valid for 6 months. If during this period the father does not lift the restriction, then the guardianship department at the place where the court decision was made is obliged to raise the issue of deprivation of parental rights.
So, the father is limited in his rights. Can the mother now forbid him to communicate with the child? Maybe. Moreover, she is not obliged to explain her decision to anyone (Article 75 of the RF IC).
Please note! Restriction of parental rights does not release the father from duties. Therefore, he must pay child support in the prescribed amount. And the alimony debt will not be written off.
Parental Restriction Procedure:
- Prepare documents.
- File a claim with the court.
- Send the statement of claim to the father.
- Submit the documents and claim to the court.
- Attend a court session.
Consider the main steps of the process.
Documents to restrict father's parental rights after divorce
The list of documents for the court includes:
- passport;
- child's birth certificate;
- marriage/divorce certificate;
- certificate of the place of registration of the child;
- extract from the house register;
- evidence that the father is a danger to the child.
Please note! If the father has a mental illness or tuberculosis, then you should not try to collect evidence documents yourself. It is enough to indicate in the claim a request to request these documents from the medical organization.
Just indicate in the claim in which medical organization the defendant is observed.
In a similar way, you can order:
- a criminal record;
- certificate of administrative offenses.
Please note! If the father has HIV, this is not the main reason for restricting parental rights, if he does not have a serious mental disorder.
Claim to terminate father's parental rights after divorce: sample
A claim to limit father's parental rights must include:
- name of the court;
- details of the plaintiff and defendant;
- information about the child;
- grounds for restriction;
- reference to law;
- restriction requirements;
- inventory of attachments;
- date and signature.
If a couple has 2 or more children, all of them can be listed in one claim. You don't have to go to court on a case by case basis. The opinion of children aged 10 years and older will be taken into account in court.
Judicial practice
Serious grounds are needed to restrict parental rights. Although they are not exactly specified in the law, it is useless to go to court without evidence of a violation of children's rights.
As an example, consider the decision of the Industrial District Court of Khabarovsk dated September 20, 2016 in case No. 2-6679/2016. The woman went to court to limit her ex-husband's parental rights. She explained that after the divorce, the man went to court and determined the procedure for communicating with the child. Now he visits the child only in the presence of a bailiff in order to record possible violations of the execution of the court decision. Also, 3 of his friends come with him, who film the meeting with the child on their phones. During the meeting, the man promises gifts to the child, but in fact does not buy them. At the same time, he in every possible way provokes the plaintiff into a scandal. As a result, neurosis-like states were recorded in the child.
The court examined the materials of the case and dismissed the claim. He considered that there were not enough reasons for restricting rights.
Therefore, before going to court, it is worth getting legal advice. He will clarify whether there are grounds for restricting rights.
Please note! Employees of the department of guardianship and the prosecutor are necessarily involved in the trial.
Deprivation of parental rights
Deprivation of father's parental rights is an extreme measure of influence. It can only be used in cases specified by law.
Deprivation of rights is possible only through the court.
Please note! After deprivation, the obligation to pay child support continues. Only parental rights are lost. In particular, the right to communicate.
The father must be deprived of parental rights if he:
- does not pay child support and avoids contact with the child;
- beats, injures or infringes on a child's sexual integrity;
- suffers from alcoholism or drug addiction and is registered in a narcological dispensary;
- committed a crime against the life and health of a child or his relatives;
- involves a child in crime, vagrancy, drug use or prostitution.
There are no other reasons for deprivation of parental rights. Almost every basis must be confirmed by a court verdict that has entered into force. That is, the court will not accept unfounded statements.
If the father is deprived of rights, then he has no right to communicate with the child. Moreover, the mother may not tell him about the move, the new place of residence of the child, the place of his education and other information about him.
Documents for depriving father of parental rights
List of documents for depriving father of parental rights:
- passport;
- child's birth certificate;
- marriage/divorce certificate;
- certificate of the child's place of residence;
- extract from the house register;
- court verdict or other evidence.
If the mother does not have a court verdict, she can indicate in the claim a request for evidence. In this case, the court itself must request the necessary document.
Statement of claim for deprivation of father's parental rights: sample
A claim for deprivation of father's parental rights after divorce must include:
- details of the court, plaintiff and defendant;
- information about the child;
- reasons for deprivation of parental rights;
- reference to the law;
- claims;
- application description;
- date and signature.
Judicial practice
To terminate parental rights, it is necessary to collect a serious evidence base. Often there are problems with this, as women refuse to write statements to the police when the husband beats her and the children. As a result, the court refuses to deprive the rights due to lack of evidence.
At the same time, the court must take into account the opinion of children over the age of 10 years.
As an example, consider the decision of the Mytishchi City Court of the Moscow Region dated July 23, 2020 in case No.
