I have been denied time with my children – what can I do?
In Australia, the Family Law Act 1975 (Cth) governs parenting arrangements and focuses on the best interests of the child. One of the most distressing issues for separated parents is being denied access to their children by the other parent. This situation can arise even when there are parenting orders in place or informal agreements that are being disregarded.
If you are being denied access to your children, you should urgently get in touch with our firm and one of our experienced Family Law solicitors can assist you.
This article provides general information only, it is not a substitute for legal advice.
Understanding Parenting Arrangements
After separation, parenting arrangements can be:
1. Informal Agreements – These are verbal or written agreements not approved by the court.
2. Parenting Plans – A written agreement signed and dated by both parents, but not legally enforceable.
3. Parenting Orders – Orders made by a court that are legally binding.
If time with the children is being denied, the legal options available will largely depend on the type of arrangement in place.
Below are some steps that you can take if you are faced with this issue.
Step 1: Communication and Mediation
Before turning to the courts, parents are encouraged to try to resolve parenting disputes through dispute resolution (mediation), unless there are concerns about family violence or safety.
- Contact a Family Dispute Resolution (FDR) service, or a Family Law solicitor.
- Attempt to negotiate new arrangements or reinforce existing agreements.
- If an agreement is reached, it can be formalised through a parenting plan or converted into consent orders.
If no agreement is reached, the FDR practitioner will issue a Section 60I certificate, which is required to apply to the Family Court for parenting orders (except in certain urgent or risk-based cases).
Step 2: Check for Parenting Orders
If a parenting order exists and is being breached (i.e., the other parent is denying you time with your children), you have the right to enforce it.
Breaching Parenting Orders
Under section 70NAC of the Family Law Act, a person breaches a parenting order if they:
- Intentionally fail to comply with the order,
- Make no reasonable attempt to comply, or
- Intentionally prevent compliance or aid someone else in breaching it.
If a parenting order is breached without reasonable excuse, the court can impose penalties ranging from:
- Make-up time with the children,
- Attending parenting programs,
- Fines, community service, or in severe cases, imprisonment.
Step 3: Apply to the Court
If informal resolution fails or parenting orders are being ignored, you may apply to the Federal Circuit and Family Court of Australia (FCFCOA) for:
A. Contravention Application
If there is a breach of existing orders, you can file a Contravention Application. The court will determine if a contravention occurred, whether there was a reasonable excuse, and what consequences are appropriate.
B. Parenting Orders Application
If there are no orders in place, or the existing arrangements are no longer suitable, you can apply for new parenting orders. The court will consider:
- The benefit of the child having a meaningful relationship with both parents,
- The need to protect the child from harm (family violence, abuse, neglect),
- The views of the child (depending on age and maturity),
- Each parent’s involvement in the child’s life.
What Constitutes a “Reasonable Excuse” for Denying Access?
The Family Law Act provides that a parent may have a reasonable excuse if:
- They believed the action was necessary to protect the health or safety of the child or themselves, and
- The length of the denial was reasonable in the circumstances.
However, a reasonable excuse must be proven in court and is assessed strictly.
When Urgent Action is Needed
In cases involving risk to the child, abduction, or a parent refusing all contact, urgent legal action can be taken:
- Recovery Orders – To return the child to the parent or legal guardian.
- Location or Publication Orders – If the child’s whereabouts are unknown.
- Interim Parenting Orders – To establish immediate arrangements until final orders are made.
Practical Tips for Parents Being Denied Time with the Children
1. Keep Records: Document all instances of denied access, communications, and any threats or coercive behaviour.
2. Stay Child-Focused: Avoid retaliating or involving the child in disputes.
3. Get Legal Advice: Family law matters are complex. Seek help from our experienced family law team.
4. Follow Legal Procedures: Even if you’re being denied time, don’t breach court orders yourself.
Conclusion
Being denied time with your children is emotionally challenging, but there are clear mechanisms to address these situations. The law prioritises the best interests of the child, which usually includes maintaining a meaningful relationship with both parents – unless there is a risk of harm.
Whether through mediation, court enforcement, or applying for new orders, it’s crucial to approach the matter calmly, legally, and with the child’s wellbeing at the centre of every decision.
We understand how distressing it can be to be denied time with your children. Our experienced Family Law team is here to help you take the necessary legal steps to restore your parenting time and protect your rights.
If you’re facing this situation, it’s essential to seek legal advice as soon as possible. Call us today on
(02) 4228 0066, or reach out online via our contact
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You’re not alone – let us help you move forward with clarity and support.
