When children refuse to see a parent, it can feel stressful and confusing. Many parents worry about whether they are breaking the law or harming their child by forcing visits.
Others are unsure when a child’s wishes should be respected.
Speaking to a family lawyer can help you understand your rights and options, so you can make decisions with more confidence.
Can a Child Legally Refuse to Spend Time With a Parent in Australia?
Children in Australia do not have the legal power to decide if they will see a parent or not. The law expects parents to follow any court orders about time spent with each parent. If you have Parenting Orders, you must do everything reasonable to make sure visits happen.
That said, as children get older, their wishes carry more weight. A teenager’s strong views may be treated differently than a young child’s opinions. If your child is very distressed, it is important to talk to a family lawyer near me for guidance.
Courts look at what is in the child’s best interests. Safety, emotional wellbeing, and development all matter. A refusal alone does not mean you can stop visits without risk.
What Should You Do if Your Child Resists Changeover Visits?
It can be upsetting when your child refuses to go to the other parent’s home. If this happens, here are some steps you can take:
- Stay calm and listen to why your child feels this way.
- Reassure them that both parents love them.
- Avoid criticising the other parent in front of your child.
- Make sure there are no safety issues causing the refusal.
- Keep a record of what your child says and how they behave.
If your child’s resistance continues, or you believe they are in danger, speak to a family lawyer near me. They can help you decide if you need to apply to change your Parenting Orders or get professional support, such as counselling for your child.
Read also: Visitation Rights in Australia: 2025 Guide
How Do Courts View a Child’s Wishes About Parenting Time?
Courts do listen to children’s views, but they look at many factors before deciding how much weight to give those opinions. Some things the court will consider are:
- The age and maturity of your child.
- Whether the child’s wishes are consistent over time.
- If the child has been influenced by a parent or someone else.
- How practical it is to follow the child’s wishes.
For example, a court may take a 15-year-old’s view more seriously than a 7-year-old’s. However, even older children can be expected to spend time with both parents unless there is a strong reason not to.
Family lawyers can help you understand how your child’s views could affect your case and what evidence may be needed to support your position.
Will You Get in Trouble if You Stop Visits Because Your Child Refuses?
If there is a Parenting Order in place and you do not comply with it, you could be seen as breaching the order. This can lead to consequences such as:
- Being required to attend counselling.
- Having to attend court to explain your actions.
- The court changing the Parenting Orders.
- In serious cases, fines or other penalties.
That is why it is important to show that you made every reasonable effort to encourage visits. If your child still refuses, document what you tried and why it did not work.
If there is a genuine safety concern, you should get advice right away. Family lawyers can guide you on how to protect your child while also reducing your legal risks.
Read Also: What Is Parental Alienation and How to Deal With It
How Can a Family Lawyer Near Me Help Resolve Parenting Disputes?
Family lawyers provide crucial support when your child does not want to visit the other parent. They can:
- Explain your rights and duties under any Parenting Orders.
- Help you collect records and evidence about your child’s refusal.
- Refer you to professionals such as counsellors or child psychologists.
- Write letters or negotiate with the other parent on your behalf.
- Represent you in court if you need to apply to change your orders.
It is always best to get advice early so you can plan your next steps carefully. Working with a professional can reduce misunderstandings and help you focus on what is best for your child.
Read also: Co Parenting With Different Religions: All You Need to Know
A Path Forward for Parents
When your child resists visits, it is easy to feel overwhelmed. Remember that you are not alone. Many parents face similar situations and find solutions with the right support. By understanding your obligations and getting clear information, you can make choices that protect your child and meet your legal responsibilities.
If you are unsure what to do next, speaking with a trusted professional can bring clarity and peace of mind.
Need Guidance From an Experienced Family Lawyer?
Do you feel uncertain about how to handle parenting disputes when your child refuses visits? Justice Family Lawyers is here to assist you with respectful and tailored guidance. Our team understands how stressful these situations can be and will work with you to find the best way forward.
Call us today to arrange a confidential chat with a caring professional who can answer your questions and help you feel supported every step of the way.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
