What Happens If My Ex-Partner Won’t Let Me See My Child?

Separation and divorce are never easy — but when your ex won’t let you see your child, the situation can quickly become overwhelming and deeply distressing. Many parents ask questions like:

•  Can my ex stop me seeing my child?
•  How can I see my child without going to court?
•  Is my ex withholding my child from me illegally?

If your ex won’t let you see your child, you are not alone — and importantly, you do have legal options under UK family law.

At Gavin Edmondson Solicitors, we regularly help parents in Northwich and across Cheshire resolve child contact disputes and protect their relationship with their children.

Can My Ex Stop Me Seeing My Child?

If your ex-partner won’t let you see your child, they cannot lawfully do so without a valid safeguarding reason. If you have parental responsibility, you have the right to be involved in your child’s life. You should try to resolve matters through communication or mediation first, but if this fails, you can apply to the Family Court for a Child Arrangements Order.

My Ex Won’t Let Me See My Child — What Are My Legal Rights?

If you have parental responsibility, you have a legal right to be involved in decisions about your child’s upbringing, including contact arrangements.

Who Has Parental Responsibility?

•  Mothers automatically have parental responsibility.
•  Fathers have parental responsibility if:
• They are named on the birth certificate (after 1 December 2003), or
• They were married to the child’s mother at the time of birth, or
• They have a parental responsibility agreement or court order.

While parental responsibility does not guarantee contact by itself, it does mean your ex cannot simply decide to cut you out of your child’s life.

If your ex is withholding your child from you without good reason, this can be challenged.

How Can I See My Child Without Going to Court?

Many parents understandably want to avoid court proceedings if possible. In most cases, the law actively encourages parents to try non-court solutions first.

Options to Resolve Child Contact Without Court

•  Direct communication (where safe and appropriate)
•  Family mediation
•  Solicitor-led negotiation
•  Parenting agreements

Before applying to court, you’ll usually need to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies.

Mediation can be particularly effective where emotions have escalated but there are no safeguarding concerns.

Our family solicitors can advise whether mediation is suitable for your situation and support you throughout the process.

Withholding a Child From Another Parent (Parental Alienation)

If one parent repeatedly blocks contact, speaks negatively about the other parent, or attempts to damage the child’s relationship with them, this may amount to parental alienation (sometimes referred to as parent alienation).

Examples include:

•  Refusing contact without justification
•  Cancelling visits repeatedly
•  Making the child feel guilty for seeing the other parent
•  Undermining the other parent’s role

The Family Court takes allegations of parental alienation very seriously, as it can have long-term emotional effects on children.

If you believe your ex is deliberately withholding your child from you, early legal advice is crucial.

Can My Ex Dictate Who Is Around My Child? (UK Law)

A common question we’re asked is:

"Can my ex dictate who is around my child in the UK?"

In most cases, no.

Unless there is a court order in place or genuine safeguarding concerns, a parent cannot control who the other parent allows around the child during their contact time.

However, exceptions may apply if:

•  There is a risk of harm
•  A prohibited steps order exists
•  Safeguarding concerns are substantiated

If your ex is attempting to control your parenting time or make unreasonable demands, we can advise you on how to challenge this.

When Communication Fails: Applying for a Child Arrangements Order

If informal resolution fails, you can apply to the Family Court for a Child Arrangements Order. This order sets out:

•  Where your child lives
•  When and how they spend time with each parent

You can apply if:

•  Your ex has stopped or restricted contact
•  You cannot agree arrangements
•  Your ex won’t cooperate with mediation

The court’s focus is always the child’s welfare, not one parent’s preferences.

How the Court Decides Child Contact Cases

The judge will consider:

•  The child’s physical, emotional and educational needs
•  The impact of change on the child
•  Each parent’s ability to meet those needs
•  The child’s wishes (depending on age and maturity)
•  Any history of harm, neglect, or risk

Courts generally believe that children benefit from a meaningful relationship with both parents, unless there is a genuine reason to restrict contact.

If a parent breaches a court order, enforcement measures may include fines, community service, compensation for missed contact, and changes to be made to the order itself.

What Should I Do Now?

If your ex won’t let you see your child, early legal advice can make a real difference.

At Gavin Edmondson Solicitors, we help parents:

•  Understand their rights
•  Resolve disputes without court where possible
•  Address parental alienation concerns
•  Apply for Child Arrangements Orders
•  Secure and enforce contact arrangements

We offer clear, practical advice tailored to your family’s circumstances.

Speak to a Family Law Solicitor Today

Gavin Edmondson Solicitors are your trusted family law specialists, helping parents across Cheshire protect what matters most.

If you’re struggling to see your child, we’re here to help.