My rights as a parent
The Family Law Act 1975 (Cth) section 60CC(2)(C) states that when the court is trying to determine the best interests of the child, the court must consider:
“The benefit of the child having a meaningful relationship with both the child’s parents”.
The court will aim to allow a child to see both parents, where possible.
It is recommended that children maintain a positive relationship with both parents and other relevant relatives in order to help a child adapt during a separation process.
For this reason, denying access to a child in Australia is generally discouraged.
The Family Law Act 1975 (Cth) also states that a parent has parental responsibility of a child until they are 18.
This means that, under the law, as a parent, you have certain duties, powers and responsibilities towards a child.
Ongoing parental responsibility as prescribed by the law is also another reason that denying access to a child in Australia is hard to grant.
What can I do if I am being denied access to my child?
If you are being denied access to your child without a formal order, you will need to either go to family law mediation or seek legal advice.
Do not simply snatch or attend the residence of the child in order to take the child back.
This could potentially result in a much longer and tougher long-term argument against you.
You might be advised to apply to the Federal Circuit Court or the Family Court for an urgent recovery order.
Hopefully, you will be able to negotiate some kind of contact with the child, even if it is supervised contact, in order to maintain your relationship in the short term.