Can a parent stop a child from seeing the other parent?

Can a parent stop a child from seeing the other parent?

Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child’s welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. The best option for your child is always a harmonious out-of-court agreement.

What happens if you breach a child arrangement order?

If the court find that the order has been breached without reasonable excuse, the court have various sanctions including ordering unpaid community work, fines, and even committing the parent to prison.

What can I do if my ex is preventing visits with my child?

Visitation Modification Requests One way to resolve this issue and prevent your ex from keeping you from spending time with your child is to file a visitation modification request with the court.

Why is my ex stopping me seeing my child?

Your ex generally cannot stop you from seeing your child unless a court decides that there would be a risk of harm to them. This might not help, however, if your child is too young to make their own decisions about seeing you, but court action should generally be treated as a last resort.

What to do if your ex is Withholding Your Child?

Call 13 14 LAW or fill out a webform to speak to one of our Townsville Family Lawyers now. If your ex-partner is preventing you from seeing your child, one of the most legally potent strategies available is to go to the Family Court and apply for a recovery order.

How to deal with an ex spouse withholding child visitation?

If your attorney reaches out to the custodial parent (or the custodial parent’s attorney) with a letter stating that the interference with visitation is unacceptable, and you are willing to go to court to enforce your rights, it may be enough to encourage the custodial parent to comply with the visitation order and schedule your make-up time.

Can a parent unlawfully withhold access to a child?

In family law it is in fact very common to see one parent unlawfully withholding access to children from another. One of the most important parts of the Family Law Act 1975 (Cth) is Section 60CC (2) (C) because this section states that when a court is trying to determine what is in a child’s best interest it must consider:

Can a parent withhold child support from a child?

In no case should the individual withhold child support or take the child without agreement. A parent that has been denied visitation must enter the court with “clean hands” in order to make a compelling and successful case to the judge.