What If My Ex Won’t Let Me See My Children?

‍If a parent stops the other parent from seeing the child, at face value it prevents the child from having a meaningful relationship from the other parent and is something that is not in the child’s best interest.

In that case, urgently engaging in pre-action procedures is necessary, and if those pre-action procedures do not result in the resumption of a relationship, filing an urgent application is usually the only course of action.

Where a parent stops contact in breach of orders, the remedy is contravention proceedings under Division 13A (section 70NAA). The Division is primarily remedial, aimed at securing compliance, and provides a graduated response to contravention without reasonable excuse: varying the primary order, compensatory (make up) time, bonds, attendance at post separation parenting programs, costs, fines, and, as a last resort, imprisonment.

The graver sanctions are reserved for persistent, wilful contravention. A genuine belief that the child was at risk may be a reasonable excuse and a defence to the more serious consequences, so make up time and variation are the realistic first remedies.

Where parenting orders have already been made, and there is a significant change in circumstances, and it is in the best interest of the children, there is limited scope for the Court to reconsider final parenting orders that have already been made. Section 65DAAA enables the Court only to redetermine final parenting orders in very specific circumstances.

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