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Children’s legal rights when they refuse contact with a parent

The legal rights of children in family disputes can be complex, especially when they refuse to have contact with one of their parents.

A recent case sheds light on how the courts handle situations where children express a strong desire not to see one of their parents, even if that parent is seeking to re-establish contact.

In the case of Mother v Father [2024], a Family Court judge made an important ruling that highlights the courts’ growing respect for children’s voices and welfare.

The judge, Her Honour Judge Suh, issued a three-year order preventing the mother from making any further applications to spend time with her children.

This decision came after hearing the children’s clear and consistent refusal to see their mother.

The children, aged between nine and 14, had been living with their father since 2016 and had not seen their mother since 2018.

They rejected her attempts at communication, including emails and gifts, and expressed frustration with her continued efforts to force contact.

The court recognised the importance of the children’s wishes and feelings, prioritising their emotional wellbeing and desire for peace in their lives.

How the courts handle refusals of contact

The welfare of the child is always the paramount concern in family law cases, especially where child visitation and contact are concerned.

In this instance, Judge Suh acknowledged the mother’s genuine desire to maintain a relationship with her children but also recognised the children’s need for a break from proceedings and their reluctance to have any contact with their mother at this time.

In her ruling, the judge made it clear that forcing the children to have contact against their will could be counterproductive.

Instead, she provided the mother with an alternative: a dedicated email address where the mother could send messages once a month.

The children would then have the choice to engage with the communication or not, leaving the door open for a potential relationship on the children’s terms.

Children’s legal rights

Under UK law, children’s rights to have their voices heard in matters that affect them were established in the Children Act 1989.

Courts are required to consider the child’s wishes and feelings in any decision regarding their welfare, particularly as they get older and more capable of expressing their views.

In cases where children refuse contact with a parent, courts take these views very seriously.

They may appoint a Children and Family Court Advisory and Support Service (Cafcass) officer to speak with the children and represent their wishes in court.

As children grow older, their preferences carry more weight in court decisions.

When can a court refuse contact?

While the law generally supports the principle that children benefit from having a relationship with both parents, there are situations where enforcing contact is not in the child’s best interest.

This could be due to a variety of reasons, including:

Emotional distress

Parental behaviour

Children’s strong objections

If you are facing challenges regarding child contact and separation, or if your children are refusing to see you, we can help you with the processes while prioritising the welfare of your children.

Contact us today for professional advice.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.