Family breakdowns are emotionally difficult for everyone involved, especially when children are the centre of the dispute. While the law in England and Wales is clear that the welfare of the child is paramount and that children benefit from having both parents actively involved in their lives, many fathers find themselves facing significant challenges when seeking regular and meaningful contact with their children following a divorce or separation.
This article explores the common hurdles fathers encounter in the family courts and outlines constructive steps that they can take to secure greater involvement in their children’s lives.
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The Perception of Judicial Bias
Although the law does not favour one parent over the other, some fathers feel that there is a bias within the family court system that favours mothers. This perception is often reinforced when interim arrangements are given to mothers with majority care while fathers receive limited contact, especially where the child was previously living with both parents.
What can fathers do? Fathers should demonstrate their involvement in being part of the child’s life and their efforts in daily parenting, both before and after separation. If fathers are in a difficult position to receive more shared time with their child, they should collect evidence by keeping a detailed record of their involvement with their child. This can include things such as attending extra-curricular activities, medical appointments and communication with the child, which can all be valuable. The courts assess the child’s welfare and positive parenting, which supports the move toward shared or increased time with your child.
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Allegations of Abuse or Safeguarding Concerns
In some cases, allegations of domestic abuse or safeguarding concerns may be raised against one parent, often resulting in restricted contact until investigations are complete. Where such allegations are false or exaggerated, the emotional and legal impact can be significant for the parent.
It is crucial to respond to all allegations seriously and to cooperate with Cafcass and other safeguarding agencies. Fathers should instruct lawyers as early as possible and provide evidence to support their position. The court will consider all evidence before making a final decision.
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Demonstrating a Willingness to Co-Parent
Family courts look favourably upon parents who actively promote a healthy relationship between the child and the other parent. Often, when conflict is high, one parent could be accused of being difficult by alienating the child and being intentionally obstructive.
Fathers should focus on their child, avoid speaking negatively about the other parent, especially in front of the child and cooperate with the court. Courts are more likely to grant increased or shared time to a parent who prioritises the child’s emotional well-being and encourages a positive relationship.
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Applying for a Child Arrangements Order
Where an agreement cannot be reached through negotiation or mediation, a parent may apply for a Child Arrangement Order. The courts will consider factors set out in the Welfare Checklist, including the child’s needs, the impact of any changes in circumstances, and the capability of each parent to meet those needs.
In many cases, the court will aim to facilitate a balanced arrangement that enables the child to spend quality time with both parents, provided there are no safeguarding concerns.
Conclusion
Fathers play a vital role in their children’s lives, and the family courts recognise this. Although challenges remain, particularly around perceptions of bias and the emotional complexity of proceedings, fathers who remain consistent and cooperative significantly increase their chances of securing meaningful child arrangements with their children.
For fathers navigating this process, early legal advice can be key. At Howell Jones Surrey solicitors, we are committed to supporting all parents in achieving outcomes that serve the best interests of their children. If you are experiencing difficulties with child arrangements or would like advice tailored to your situation, please get in touch with our Surrey family law team on 0800 011 9813.
