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Denying Access to a Child in Australia

The Family Law Amendment Bill 2023 brought in major changes for separated parents, especially when it comes to denying access to a child.

One of the biggest shifts is moving away from the idea of equal shared responsibility toward something more practical: joint parental responsibility based on the child’s needs.

This shift means the court can look at each parent’s situation more closely instead of defaulting to a 50/50 setup.

If one parent is blocking the other from spending time with the child, the court now has broader powers to step in.

Let’s unpack how denying access to a child plays out under the new law and what options might be available if you’re the parent being denied contact.

Denying access to a child in Australia

Learn what steps you can take next​

Reasons to Deny Overnight Visitation

There are times when not allowing a child to stay overnight with a parent might be considered reasonable.

But it’s not a decision that should be made lightly. The court’s main goal is to make sure the child is safe and cared for.

Here are some situations where the court may agree that denying access to a child overnight is necessary:

  • Violent History: If one parent has previously harmed the child or others, overnight visits may not be safe.

     

  • Substance Use: A parent dealing with alcohol or drug use might not be able to look after a child properly overnight.

     

  • Untreated Mental Health Conditions: If a parent is dealing with serious mental health issues that are not managed, the court might restrict overnight visits to protect the child’s well-being.

     

In these kinds of situations, supervised contact might be an option instead of cutting contact altogether.

The courts aim to protect the child but also help maintain a relationship with both parents when possible.

Family courts make these decisions based on evidence, reports, and expert assessments.

If you believe your child isn’t safe during overnight visits, it’s best to seek help through legal channels

Read also: Fathers’ Rights in NSW: What You Need to Know About Custody Battles

What if One Parent Denies Contact Without Reason?

Denying access to a child without a proper reason can backfire. If there is no court order in place, it might be seen as a breach of parenting responsibilities.

This is where the Family Law Amendment Bill makes things clearer.

Under the new framework, the courts want both parents to contribute to the child’s life unless there’s a real risk.

If one parent blocks contact just because they’re angry or upset, the court may view that as going against the child’s best interests.

If you’re being blocked from seeing your child, you should not try to take matters into your own hands.

It’s important to go through the right steps, like talking to a family dispute resolution service or contacting legal professionals such as Justice Family Lawyers.

They can help you apply for parenting orders or even urgent recovery orders if needed.

Read also: Can Grandparents Apply for Custody or Visitation Rights in Australia?

denying access to a child | Justice Family Lawyers

Supervised Contact: What It Means

Supervised contact is one way the court can allow visits while still protecting the child. It means the parent can spend time with the child, but only if another trusted person is there to watch over the visit.

The person supervising could be:

  • A close and trusted relative

  • A friend of the family

  • A professional supervisor approved by the court

This type of arrangement can be helpful when there are safety concerns, but the court still believes the child should maintain some connection with the parent. Even in difficult situations like imprisonment, the court may still allow limited supervised visits instead of fully denying access to a child.

What Happens if There’s a Breach of a Parenting Order?

If your ex is stopping you from seeing your child, and there’s a parenting order in place, that can be considered a breach.

You can contact the police if the child is in danger, but most of the time, these matters are handled through the family court. You might need to apply to enforce the parenting order or request a change if the arrangement no longer works.

Justice Family Lawyers often assist parents in this position by preparing the right documents and helping present your case. It’s important to act within the law and follow the process, so the court knows you’re putting your child’s best interests first.

FAQs

Can I stop my ex from seeing our child?
You can’t just decide to cut off contact. Denying access to a child is only allowed in limited situations, like when there’s a safety risk or a court order already in place.

What can I do if I’m not being allowed to see my child?
First, try mediation. If that fails, contact Justice Family Lawyers or another trusted legal team to apply for a parenting or recovery order.

Is it ever okay to deny overnight stays?
Yes, but only when there are genuine concerns about safety or wellbeing. Courts need solid reasons and evidence to support this.

What is a recovery order?
A recovery order is something the court can issue to get your child returned if they’re being withheld from you without legal reason.

Can I record visits to protect myself?
It’s best to get legal advice first. Recording visits might be allowed in some cases, but it could also cause issues if not done properly.

Speak to Justice Family Lawyers

If you’re dealing with denying access to a child or facing blocked visitation, don’t handle it alone. Reach out to Justice Family Lawyers for help. Their team can support you through the legal process, from parenting orders to recovery applications and supervised contact plans.

Getting things right early can protect your child and avoid bigger problems later. Contact us today to learn more about how they can help.

Learn what steps you can take next.​

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