It is common for a parent with whom a child is not residing to feel frustrated that the primary carer of the child is not facilitating contact arrangements as per a Court Order. Do you feel that no matter how much you are flexible with the child arrangements, that your ex-partner obstructs your contact and that you are unable to have any quality contact with your child?
In some circumstances, the Court has changed the primary carer of a child from one parent to the other parent.
In, Re C (A Child), the Court made an Order that the child should move to live with her father ‘because the mother had consistently failed to support the relationship between her and her father’. The mother continually breached court orders which required her to facilitate the relationship with the non-primary carer parent.
The decision was appealed by the mother, who had prior to the Order had primary care of the child. The mother was unsuccessful.
This case is a reminder of the importance the Court places on both parents being involved in a child’s upbringing and that this is for the benefit of the child. It is a warning about the consequences for parents who seek to exert total control over the relationship of the other parent. The family courts have, in the past, been criticised for being weak in respect of breaches made by the primary parent.
This case should give confidence to non-primary carer parents not give up. It can rarely be in the best interests of a child to reside with a parent who considers it appropriate to breach Orders made by the Court.
If you are struggling to see your child because the primary carer of the child is failing to adhere to an Order; contact the family team at Emery Johnson Astills on 0116 255 4855 and we will be able to offer you a fixed fee appointment to advise you on your rights.