There is often confusion surrounding fathers’ rights to overnight stays. In fact, the notion of a father having the ‘right’ to look after their children overnight is a common misunderstanding.
It is important to clarify that the law holds the view that parents have responsibilities
towards their children and that it is the child that has a right to have an on-going, meaningful relationship with both of their parents.
Maintaining regular contact with your children following separation will undoubtedly be extremely important to you as a father.
Disagreements over contact arrangements can cause significant disruption and result in friction between you and your former partner. It is, therefore, important to understand your legal position and what actions you may be able to take, especially regarding overnight stays.
Our family law experts have experience in handling all types of child access matters, including fathers’ requests for overnight stays, and are well positioned to support you if you are struggling to come to an agreement with your former partner.
What are a father’s rights to overnight stays?
Fathers do not have a ‘right’ to look after their children for an overnight stay. While they have a joint responsibility to meet their child’s needs with the other parent, the only legal rights are with the child to have a meaningful relationship with their parents. Of course, that doesn’t mean that fathers cannot request overnight stays for their children.
The amount of time a father is able to spend with his children will primarily depend on the child’s best interests. While certain practical aspects may also be considered, a child’s welfare will always be the most important factor to keep in mind.
Sadly, we know that it is not uncommon for a separation to result in a mother preventing a father from seeing their child. This includes preventing a father from looking after their child overnight.
Usually, a father’s rights to overnight stays will need to be discussed and agreed by both parents. If, following these discussions, it is not possible to come to an agreement, or the child’s mother is unwilling to grant you permission to look after your child overnight, it may help to speak a family law solicitor who can advise you and if necessary apply to the court for a Child Arrangements Order.
What are the reasons to deny overnight visitation in the UK?
Whilst ‘visitation’ is a commonly used term, it is not recognised in UK law. When visitation rights for fathers are discussed, it is more accurate to use the term ‘contact’.
An overnight stay could be a big change for a child and therefore a mother may have natural concerns about how the child will settle, whether they will sleep and how a father will cope with what can sometimes be a difficult situation. To legally prevent a father from looking after a child overnight, however, the child’s mother would usually need to provide evidence to support more serious reasons, for example:
- Concerns about a child’s safety
- Concerns about a child’s emotional well-being
- Concerns about how inappropriate behaviour might impact the child
An existing court order may also prevent a child from being able to stay overnight.
What age can a child stay overnight with their father in the UK?
The age at which a child will be able to stay overnight with their father will depend on various factors. The child’s individual needs, existing relationship with their father and maturity will all be considered, which means there is no definitive age at which it will be possible.
Does a child need a bedroom for overnight stays in the UK?
It is not a strict legal requirement for a child to have their own bedroom for overnight stays. However, it is important to consider that a separate bedroom can provide significant emotional benefits and a safe space for the child to spend their time in.
This means that having a bedroom could be a factor if you and your former partner are unable to come to an agreement, and the courts need to weigh up what would be best for the child’s welfare.
Our solicitors are here for you
If you need advice about your situation and what to do if you are unable to agree about looking after your child overnight, our expert family law solicitors will be on hand to lend their expertise and support.
Our team can work alongside you to review your current circumstances, what is preventing you from coming to an agreement with your child’s other parent and what solutions may be available to you. We always tailor our approach to your circumstances, so we can help you reach an agreement via negotiations or pursue a court order if making a voluntary arrangement is impossible.
To take advantage of a free 30-minute consultation with an expert local family law solicitor, call 0800 321 3832 or complete our quick online form.
Ian Giddings
Family Solicitor Coventry
