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Ex-partner denying access to children

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Can I refuse to let my ex see my child?

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When a parent refuses to see their child

postulation avocat postulant paris

My ex stops me from seeing my child

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Can a child refuse visitation?

PacisLexis Family Law

Ex-partner denying access to children

Visitation rights refer to the legal arrangements that allow a parent without primary custody to maintain regular contact with their child.
These rights are grounded in the child’s best interests, ensuring a relationship with both parents even after separation or divorce.
In some cases, one parent may deny access to the other, leading to complex legal challenges.
Navigating child visitation issues can be emotionally and legally complex.

Whether a parent refuses access to the other or chooses to stop seeing their child, the French legal system prioritises the best interests of the child. In case of denied access or abandoned contact, seeking legal advice and acting through the proper legal channels is essential.

Courts in France offer mechanisms to protect the child’s right to maintain relationships with both parents, ensuring that decisions made are in line with their welfare and safety.

Whether you’re facing difficulties with visitation or need advice on child custody, our legal team is here to guide you through every step of the way.

If your ex is denying you access to your child, it’s crucial to know your legal rights—contact our firm today to discuss your options and get the support you need.

Ex-partner denying access to childre

Can I refuse to let my ex see my child?

Can a mother refuse access to the father?

In France, both parents generally have the right to spend time with their child, regardless of their relationship status.

Refusing access without legal grounds or a court order can lead to serious consequences, as the court prioritizes the child’s right to maintain contact with both parents.

What are the different types of visitation in France?

Visitation arrangements can vary depending on the circumstances.

Common types include:
– Standard visitation (weekends and holidays),
– Supervised visitation (if there are safety concerns),
– Restricted visitation (limiting the frequency or duration of visits based on the child’s needs).

What is ‘non-représentation d’enfant’ in France?

This legal concept or term refers to the refusal to comply with a court-ordered visitation schedule.

A parent who prevents the other from seeing their child can be prosecuted under Article 227-5 of the French Penal Code, which can lead to fines or imprisonment.

What to do if my ex denies access to my child?

If your ex denies access, it’s crucial to remain calm and try to find a friendly solution to the issue.

If this fails, you can seek legal action by filing a complaint for ‘non-représentation d’enfant’ or requesting the court to enforce visitation rights.

Can I call the police if my ex denies access to my child?

While the police may interfere if there is a court order in place, legal experts typically recommend resolving visitation disputes through the courts, as police involvement can escalate tensions and may not always be the most effective solution.

Let our dedicated lawyers help you enforce your visitation rights—reach out now for expert legal advice

Ex-partner denying access to children

When a parent refuses to see their child(ren)

What legal steps can I take if a father stops seeing his child?

If a parent voluntarily ceases contact with their child, the other parent can request the court to modify visitation arrangements.

However, French law emphasizes the child’s right to maintain contact with both parents, and the court may interfere to encourage the absent parent to maintain their relationship with the child.

Can a father stop seeing his child and still have to pay child maintenance?

Yes!

Visitation rights and child support obligations are treated separately in France. Even if a parent stops seeing their child, they still must legally pay child maintenance.

Failure to do so can result in legal penalties, such as attachment of earning or asset seizure.

How can absent fathers have their parental responsibility removed in France?

In exceptional circumstances, a parent can request to relinquish parental responsibility, but French courts are reluctant to approve such requests unless it’s proven to be in the child’s best interest. In most cases, parental responsibility is viewed as a lifelong commitment.

What is classed as an unfit father in France?

A father may be deemed “unfit” if he is considered as a danger to the child due to abuse, neglect, or substance abuse. If a parent is considered unfit, visitation may be restricted or supervised to ensure the child’s safety.

Ex-partner denying access to children

My ex stops me from seeing my child

What are my legal options if my ex stops me from seeing my child?

If your ex consistently denies access to your child despite a court order, you can file a complaint for ‘non-représentation d’enfant’.

The court can enforce visitation rights, impose fines, or even grant a modification of custody in severe cases.

Can I refuse to pay child maintenance if my ex denies access to my child?

No!

Child maintenance payments and visitation rights are separate legal issues. Even if your ex is denying you access, you are still required to fulfil your financial obligations toward the child.

Stopping payments can result in legal consequences, including garnishment of wages.

Legal impacts when a parent denies access to a child

Denying access can lead to severe legal penalties, including fines, changes in custody arrangements, and even imprisonment for the offending parent.
Courts take these matters seriously, as denying access is seen as detrimental to the child’s well-being.

How to avoid my ex denying access to my child?

Open communication, mediation, and ensuring clear agreements about visitation schedules can prevent disputes. In some cases, involving a mediator can help resolve issues before they escalate to legal action.

To learn more about mediation, read our article :

Divorce mediation

Ex-partner denying access to children

Can a child refuse visitation?

Can a child refuse to see the other parent?

In France, while the court considers a child’s wishes, particularly as they get older, a child cannot unilaterally refuse visitation without a court decision.

The court will assess whether continued contact with the parent is in the child’s best interest.

Can a child be forced to see the other parent?

No!

A child cannot be physically forced to visit a parent.
However, both parents are expected to follow court-ordered visitation schedules.
If a child expresses concerns about seeing a parent, the court may investigate whether it is necessary to amend the visitation arrangement.

In what circumstances can visitation be limited upon the child’s request?

A child’s wishes may be taken into account, especially if they are mature enough to express valid concerns.

The court will evaluate factors such as emotional distress, the quality of the parent-child relationship, or any risk of harm before deciding.

What legal steps can be taken if a child refuses visitation?

If a child refuses to see the other parent, the court may order family mediation or counselling to resolve underlying issues.

In extreme cases, visitation can be restricted, or the custody arrangement modified if it is determined to be in the child’s best interest.

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Need help enforcing child visitation?

Our family law experts are here to assist you with any challenges related to child custody and visitation.
Schedule a consultation with our experienced lawyers and regain access to your child.

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