Assumption: "It's my right to see my child, or my right to stop the other parent seeing them."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
Parents often treat contact as an entitlement that belongs to them personally, something they can claim or withhold as they see fit.
Court Reality
Contact is the child's right, not either parent's. The court's starting question is what serves the child's welfare. Section 1(2A) of the Children Act 1989 currently presumes that involvement from both parents benefits a child where it's safe, but that presumption is under a Bill going through Parliament and has not been repealed yet. Even under the current presumption, it was always rebuttable by evidence of risk. Either way, the legal position starts from the child's welfare, not a parent's entitlement.
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The Gap?
"It's my right to see my child, or my right to stop the other parent seeing them."
Court Reality
Contact is the child's right, not either parent's. The court's starting question is what serves the child's welfare. Section 1(2A) of the Children Act 1989 currently presumes that involvement from both parents benefits a child where it's safe, but that presumption is under a Bill going through Parliament and has not been repealed yet. Even under the current presumption, it was always rebuttable by evidence of risk. Either way, the legal position starts from the child's welfare, not a parent's entitlement.
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