My worried colleague Russel just told me, “My wife is keeping my child from me for the last month. Even she does not allow me to see the child using video calls.”
Really it is a pathetic situation for any father. You need to be organised and proactive to make the best case possible for yourself. In this blog post, we will outline six steps you can take to try and get access to your child.
Can my wife take my kids away from me?
As you mention the words “my wife”, so I can assume that you are not divorced. Your wife cannot take your kids away from you unless the court has given her legal custody of the children.
As a father, you have equal rights to the care, custody and control of the children until there is any specific court order. It is an automatic right of the biological parents. If your wife withholds the children from you, it is considered parental alienation, and you can take her to court.
I assume that you both are not living together now. In this situation, your wife may keep the child to her by blocking your access. But as a father, you can file a temporary custody petition to ensure that you have equal access to your children.
My Wife is Keeping My Child from Me: 6 Things You Can Do
Each parent has a right to be involved in their child’s life. If you are denied that right, it can be a frustrating and confusing experience. But there are things you can do to get access to your child.
#1. Keep the patience:
Stay calm and don’t do anything rash. You will likely have to continue dealing with your wife long after this custody battle is over. If you make any decisions out of anger, they could come back to haunt you later.
Take the high road and avoid getting into a mud-slinging match with your wife. It will only worsen the situation and damage your relationship with your child. Make a proper plan in cool hear by following the below steps.
If you see any signs that your ex is turning your child against you, increase the communication with your child. Spend more quality time with the child.
#2. Contact the other parent politely:
In divorce or separation, one parent often starts to bad-mouth the other to their child. If you think this is happening, try to reach out to your wife and have a calm conversation with her.
If you are respectful and reasonable, she may be more likely to listen to you and agree to let you have more access to your child. If you cannot talk to her directly, you can try sending her a letter or email outlining your concerns.
Tell her that you just want to make sure that she and the kids are together and safe. You may need to take legal action if she still refuses to listen. But it’s always best to try and work things out amicably if possible.
#3. Get help from other family members:
If you have a good relationship with your in-laws or other family members, they may be able to help talk to your wife and convince her to let you see your child.
They may also be willing to act as a mediator between you and your wife, which can help improve communication and make it easier to resolve any disagreements.
If you don’t have a good relationship with your wife’s family, they may still be willing to help if they know you are being denied access to your child. They may be able to provide you with information or support that can help you get custody of your child.
#4. Call the police:
“my wife left me with my son- can the police help me?”
In some cases, the police may be able to help you get access to your child. If your wife violates a court order or keeps your child from you without legal justification, the police may be willing to intervene.
If you don’t have a court order, the police may still be willing to help if they think your child is in danger. They may be able to talk to your wife and convince her to let you see your child.
If the police are unwilling to help, you may need to hire a lawyer and take legal action. But it’s always best to try and work things out amicably if possible.
There are stories where the police did not help and even denied accepting the charge of child kidnapping as the parents were not divorced, and there were no court orders in favour of the father about child custody.
If you have any concerns about the safety of your children, or if you suspect the intention of abduction, notify the police immediately. Alternatively, you can contact DCF.
#5. Talk to a lawyer:
If you can’t reach an agreement with your wife, you may need to take legal action. You should talk to a lawyer to find out what your options are.
The lawyer can help you file for custody of your child and represent you in court. They can also help you get a restraining order if necessary. If you can’t afford a lawyer, there are legal aid organisations that may be able to help you. You can also look for pro bono lawyers to take your case for free.
You should also consider talking to a therapist or counsellor. They can help you deal with the stress of the situation and support you.
#6. Go to court:
If you can’t reach an agreement with your wife, you may need to go to court. Talk to your attorney to arrange an emergency custody hearing. You can also file a Custody Complaint as she is not allowing you access to your child willingly.
Provide the documents about what you have tried so far to get access to your child. The court will then decide whether to grant you emergency custody of your child. In this situation, the court normally allows an emergency custody order in favor of you as the mother did the wrong.
If the court grants you emergency custody, you will be able to take your child home with you. You should also get a restraining order to keep your wife away from you and your child. The court may also order that your wife has supervised visitation with the child or that she has no contact with the child at all.
If the mother doesn’t present to court with the child, then go to the police again with the documents of emergency order and file a case for kidnapping your child. This time police are bound to act.
But the court can overturn this emergency custody order later in the final hearing. Judges of family courts are normally flexible to allow custody of the woman. Take all the necessary precautions and steps advised by your lawyer to ensure you get custody of your child.
Going to court can be a long and stressful process, make sure that you are prepared for it. You should also be prepared for the possibility that you may not get custody of your child. Even you may harassed more by the other co-parent.
If she is keeping your child away from you, as a father, you can do additional things discussed in the below video:
FAQs on My Wife is Keeping My Child from Me
Can my partner stop me having access to my children?
Family law has no “father’s rights” or “mother’s rights. Both parents have equal rights and responsibilities regarding their children, and no parent can stop the access of other parents to the child without a court order.
However, if you have access to your children but the other parent is preventing you from seeing them, you can try to reach an agreement with the other parent, either through mediation or by negotiating directly.
If this is impossible, you can ask the court to make an order granting you access to your children. The court will only do this if it is in the children’s best interests.
Can I call the police if my wife takes my child?
Surely you can call the police. But, the police may not take any criminal action if they feel that your wife has not committed any crime.
In such a situation, you can file a complaint in the family court for the custody of your child and seek an emergency custody order from the court. The court will then decide whether to grant you emergency custody of your child.
Can my wife leave the country with my child?
If you have joint custody of your child, your wife cannot take your child out of the country without your permission. If she does, she may be charged with kidnapping. If you do not have joint custody, she may still need to get permission from the court before taking your child out of the country.
Can a spouse take a child without permission?
it is generally legal for a spouse to take a child without permission. There are exceptions to this- if there is a restraining order in place.
However, there may be implications if one spouse takes the child without the other’s knowledge or consent. For example, if the child is taken across state lines, it may be considered kidnapping.
Additionally, if one spouse takes a child without the other’s consent and prevents the other spouse from seeing the child, this could be considered custodial interference.
Custodial interference is a serious offence in many states and can result in jail time. Considering taking your child without your spouse’s permission, it is important to consult with an attorney to understand the potential implications.
These are some things you can do if my wife keeps my child from me. Try to follow the tips and get your children back with you. Nothing is more important than your child’s well-being, so take every step carefully.