Many parents are often confused about their rights to overnight stays with their children after separation. It’s a common misconception that a parent has the ‘right’ to look after their child overnight.
In reality, UK law places the focus on parental responsibility rather than parental rights. The main legal principle is that children have the right to maintain a meaningful relationship with both parents, but not that parents are entitled to overnight stays.
Maintaining regular contact with your children after a separation is undoubtedly a priority. Disagreements over contact arrangements can create tension and disrupt the stability of family life.
Our team of family law solicitors is experienced in all aspects of child contact arrangements, including requests for overnight stays. If you find yourself struggling to reach an agreement with your former partner, we are here to help.
Do Parents Have a Right to Overnight Stays?
Parents do not have a legal ‘right’ to overnight stays. While both parents share the responsibility of meeting their child’s needs, the law recognises that the child is the one with rights like the right to have an ongoing relationship with both parents.
However, this doesn’t mean parents can’t request overnight stays. The amount of time a parent spends with their child, including overnight stays, depends on what is seen to be in the child’s best interests. Practical factors, such as the child’s age and routine, are often considered, but the child’s welfare remains the top priority.
Unfortunately, it’s not uncommon for one parent to prevent the other from spending time with their child. If this happens, it’s essential to try to reach an agreement. If discussions break down, or the other parent refuses overnight stays, speaking to a family law solicitor can be helpful. In some cases, it may be necessary to apply for a Child Arrangements Order to resolve the problem.
Reasons for Denying Overnight Stays in the UK
While the term ‘visitation’ is often used, UK law refers to it as ‘contact’. Denying overnight stays must be based on serious concerns, such as the child’s safety, emotional well-being, or any inappropriate behaviour that could negatively impact the child.
What Age Can a Child Stay Overnight with a Parent in the UK?
There is not a set age at which a child can stay overnight with a parent in the UK. The decision depends on a few factors, including the child’s needs, maturity, and the relationship with the parent. The courts will consider all factors before determining whether overnight stays are in the child’s best interest.
Does a Child Need a Bedroom for Overnight Stays?
Legally, a child does not need a separate bedroom for an overnight stay. However, having their own space can offer emotional benefits and provide a sense of security. In some cases, this may influence a court’s decision if problems arise.
How We Can Help
If you are struggling to agree on overnight stays or any other contact arrangements, our team of experienced family law solicitors can help as well as in other areas of family law. We will guide you every step of the way to achieve the best outcome for your child.
