How To Protect Your Children After Divorce or Separation

At Emmersons Solicitors our specialist family lawyers are frequently presented with cases where a child’s parent refuses to allow them to see the other parent – often described as Parental Alienation. For example, in the case of Erica, she came to see us as she was concerned that every time her ex-husband, Sid, saw the children, he was drunk. She was very concerned and asked Sid to refrain from drinking when spending time with the children. He had placed them in danger on several occasions. Erica was very distressed as the children were upset about not seeing their father but she felt stuck in the middle because she had to put the children’s safety first.

The Children’s Act starts from the premise that children should be allowed to see both of their parents, as well as other family members such as aunts, uncles and grandparents. It is not the child’s fault if their parents are separated. The Court’s view is that the child has the right to maintain their relationship with all their family members. This is subject to one exception – if the child’s welfare would be at risk from this contact.

In Erica’s case, Sid eventually issued Court proceedings for Child Contact, also known as Arrangements for Children, so that he could see the children. Erica hoped that he had turned over a new leaf and that he would be able to take the children out safely. Unfortunately, the blood testing ordered by the Court proved that Sid was still drinking very heavily and that he was a risk to the children.

Whilst this was not the happy outcome that Erica hoped for, and her children are still upset at not being able to see their father, it does at least mean that the children are now safe. It is a matter for Sid to turn his life around and to be able to prove to his children, and the Court, that he can put the needs of his children first. If you need help or advice about seeing your children or protecting them then please do not hesitate to contact us.