FAQ
Can I deny access to my child or children?
Generally, denying access to a child in Australia is not allowed. Access to a child is only taken away in exceptional circumstances.
Cases, where access to a child might be denied, include when it is in the best interests of the child to do so or to protect a child’s safety.
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 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, to maintain your relationship in the short term.
What is a supervised visit?
“A supervised visit” allows a parent to see their child but requires that visit be supervised by someone who is eligible to do so. People who are able to supervise contact between one parent and a child include:
- A trustworthy relative
- A trustworthy person who is not a relative (e.g. babysitter or close family friend)
- A qualified professional.
- The access the parent has with a child is limited but not completely cut off.
You will find that even parents in tough circumstances such as being imprisoned are still able to have supervised visits instead of being denied complete access to a child.
Can I Call The Police if My Ex Won’t Let Me See My Child?
If your ex-partner is not allowing you to see your child in violation of a court order or agreed parenting plan, calling the police is an option, especially if you believe your child is in immediate danger.
However, the police may be limited in what they can do if the issue is primarily viewed as a civil matter, such as a dispute over custody or visitation rights. It’s generally recommended to address these issues through legal channels.
You should contact a family lawyer or your legal representative to discuss the situation and explore options such as filing a motion with the family court to enforce the visitation order.
The court can then take appropriate actions to ensure compliance, which might include modifying the custody arrangement or taking other measures to facilitate your access to the child.
Always ensure your actions align with legal advice and court orders to protect your rights and the best interests of your child.
