Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
My son has been involved in a split with his partner of the past five years. I will not go into the details of the break-up, beyond saying there is nothing very unusual about them, but it has developed into a nasty and acrimonious situation.
Having tried her best to persuade him to stay, his former partner has now swung completely the other way. She is absolutely refusing to speak to him and, of greater concern, she is refusing to let him have any contact with their daughter.
In their last telephone conversation she said that as far as she is concerned he does not exist and that she will never consent to him seeing his daughter.
Given that they were not married, is there anything that he can legally do to force her to allow him to see his daughter? He feels that there is no chance of his former partner relenting and taking a civilized approach.
Answer :-
In this situation, it makes no difference these days whether they were married or not. So if the mother continues to refuse him access, your son can apply to the court for an access order and, assuming there are no exceptional circumstances, he will get it.
It is not of course unusual for tempers to run short when relationships break up and all sorts of threats can be made in the heat of the moment. It may be that she will take a different line concerning him seeing his daughter once she has cooled down a little and when she realizes that he will be able to force her hand anyway.
If she continues to maintain this stance, he should see a solicitor, who will advise him about making the application to the court.
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