What To Do If Father Won't Return Child UK
April 2025
When parents separate, disagreements over child arrangements are common. One of the most distressing situations that can arise is when a parent, in this case, the father, refuses to return the child to the other parent. This issue can be legally complex and emotionally charged. Understanding what steps to take if a father won’t return a child is essential for ensuring the child's well-being and enforcing legal rights.
This summary provides general information and does not constitute legal advice on any individual circumstances.
In England Wales, if both parents have parental responsibility for their child, neither can take the child without the other parent's consent, unless there is an urgent concern about the child's safety or welfare. Parental responsibility gives both parents equal standing regarding making decisions about the child’s upbringing, including where they live and the contact they have with each parent. If a father refuses to return a child as agreed, the law takes this very seriously, and there are legal avenues to seek redress.
The first step is to determine whether the father’s actions are in breach of an existing agreement, such as a Child Arrangements Order. If there is an order in place that specifies when the child should be returned, the father’s refusal to comply could be considered a violation of that order.
What Can You Do if the Father Won’t Return the Child?
The first action to take if a father refuses to return a child is to attempt to resolve the situation amicably through communication. In some cases, the issue may arise from a misunderstanding or a temporary dispute that can be resolved through a calm conversation. However, if informal attempts do not work or the situation escalates, you may need to seek legal action.
If there is a court order in place, you can seek to enforce the order through the court. If no order exists, you can apply for a Child Arrangements Order, which will outline the living and contact arrangements for your child.
What Can the Court Do If a Father Won’t Return a Child?
The court will consider the child’s best interests, the circumstances surrounding the refusal to return the child, and whether there are any concerns regarding the child’s safety.
If the court determines that the refusal to return the child is unwarranted, it can order the father to return the child immediately. In cases of repeated non-compliance, the court may consider further actions, such as changing the child’s primary residence or imposing penalties on the parent who is not following the court order.
The court can also issue enforcement orders, which require the non-compliant parent to pay for the costs involved in the proceedings, including any legal fees or other expenses. If the father continues to withhold the child, further court sanctions may be imposed, such as a fine or, in extreme cases, imprisonment.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee' promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
