Can One Parent Withhold Access to Children From The Other?

The short answer is “No.”

One parent cannot withhold a child from their father - unless there are orders in place.

These would be orders from the court which have determined that the child’s contact with the father is not in the best interests of the child.

This might be where there has been a history of family violence or drug or alcohol abuse.

For a parent to obtain these orders, they would need to demonstrate to the courts that the other parent poses a serious risk to the child’s development and general wellbeing.

Frivolous Reasons Are Not A Valid Reason

One parent cannot deny access to the children for ‘frivolous' reason. For example, non payment of child support, having a new partner, being unreliable in the past.

None of these are valid reasons, and all can be resolved outside of the courts.

Often mediation is a good place to start, where both parents get a say, and an agreement that is in the best interests of the child is reached.

Parenting Orders 

If your ex is withholding your children from having contact with you, it is time to consider Parenting Orders.

Also known as Consent Orders these are both binding and enforcable.  

If there are currently orders in place and your ex is withholding the children, you can seek an contravention order through the courts.

If you file a contravention application, and the court finds that a parenting order has been breached by a parent, here’s what they can do:

• Allocate time to compensate for the time missed by the other party
• Issue a good behavior bond with the party in breach for up to two years
• Have the respondent attend counselling or a parenting course
• Impose a fine on the respondent
• Imprison the person in breach of a parenting order
• Order the respondent to pay the applicant’s legal costs
• Change the current parenting orders

If a mother is not complying with court orders and you want advice on how best to proceed, consulting a good family lawyer is the place to begin.

We offer a free initial consultation where we can discuss your specific matter and give legal advice on how to best proceed.