Can I stay in our family home after separating?
- 11.07.2026
Since we separated, my former partner has refused to let me see our four-year-old and says I should wait until things calm down. I am a named parent on the birth certificate. What are my rights and what are the steps to get contact?
If you are named on the birth certificate and were living with the mother at the time of birth, you are likely to be a guardian of your child under the Care of Children Act 2004, which means you share responsibility for major decisions. The law focuses on the child's welfare and best interests, and there is no automatic right for a parent to have contact. Start with a discussion or mediation, and if you cannot agree, you are generally required to attempt Family Dispute Resolution, a government-funded mediation service, before applying to the Family Court for a parenting order. Exceptions apply for urgent cases and family violence. Keep a record of your attempts to arrange contact and stay calm and child-focused, as the court considers this. Seek legal advice about applying for interim orders if there is a delay.
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