If you wish to prevent your children from any access to their other parent, you must have sufficient reasoning and evidence.
Granting one parent complete control over their children is not very common, so there must be proof that the other parent is somehow unfit to parent.
The other parent is physically or sexually abusive towards the children or has an alcohol or drug addiction, the courts will likely comply. If the parent is in any way unfit to parent, you can take your issue before a judge and attempt to gain sole custody of your children.
However, in situations less severe, it could be very difficult to completely mother prevent a father from seeing his child.
When can a mother stop a father from seeing child?
If you wish to make a change to your custody arrangement by complete mother stop a father from seeing a child, you may have legal options.
You are contacting a family law attorney to discuss your situation, the reason you wish to alienate your ex, and what you might be able to do, legally. When they can only be escaped if the parent can give a reasonable excuse. There are some case laws a reasonable excuse for the following:
The parent believed on reasonable grounds that the contravention was necessary to protect the health or safety of the child or another person.
The contravention was not longer than was necessary to protect the health or safety of the person referred to AKA as the protection excuse.
The court orders are accompanied by an explanatory memorandum that clearly sets out the obligations under the orders and the consequences for breaking them. The protection excuse is remaining solid but it is always a question of fact and degree.
When can withhold a child from another parent?
Either parent may be withholding a child from another parent and they must be able to show this in court should the other parent object to the restriction.
A parent can restrict access if the child is at risk of exposure to circumstances or behavior that presents a safeguarding issue. There are some concerns about withholding a child from another parent the following:
- Criminal behavior