Visitation Rights in the UK: What They Are and How to Enforce Them

No Such Thing as Visitation Rights

Visitation rights is another American concept. In England and Wales, contact between a child and a parent is dealt with through child arrangements orders -- specifically, an order that the child spends time with the relevant parent. The principle is that children have a right to a relationship with both parents, not that parents have a right of access to children.

How Contact Is Arranged

Most separated parents agree contact arrangements between themselves without going to court. Where agreement cannot be reached, either parent can apply to the family court for a child arrangements order setting out how much time the child spends with each parent.

What the Court Will Order

The court considers the child's welfare as the paramount consideration. It will usually order that a child has regular, meaningful contact with both parents unless there is a specific reason why this would not be in the child's interests. Direct contact (in person) is preferred over indirect contact (calls, letters, video calls).

If Contact Is Being Refused

If you have a child arrangements order and the other parent is refusing to make the child available for contact, you can apply to enforce the order using Form C79. The court takes breach of orders seriously and has a range of enforcement powers available.

Grandparents and Others

Grandparents and other family members do not have an automatic right to contact. They can apply to the court for a child arrangements order but must first obtain the court's permission (leave) to make the application, unless they fall within one of the exempt categories.