Can a mother stop a father from seeing child? The answer to this question is not straightforward. While a mother cannot stop a father from seeing child because both parents have equal rights to custody, a court order can still prevent a father from seeing his kids in a serious family law matter involving violence or harm to the child. Oftentimes, a parent may ask themselves this question if the other parent is violent or is using illicit substances.
Sometimes, parents may just feel frustrated about the parenting arrangement and want more time with their kids. Parenting arrangements or parenting plans are agreements made after divorce or separation. Both parents may agree on drafting this plan and turn it into a consent order when they present it to the Family Court of Australia.
Parenting Orders
Parenting orders are legally binding orders that will require strict compliance from both parents. If one parent does not follow the parenting order, they may receive penalties depending on their offence. In most cases, courts may vary the order for the benefit of the complying party. So can a mother stop a father from seeing child even if there are parenting orders? Read on to find out more.
Why People Refuse to Let the Other Parent See Their Child
Separated or divorced mothers may often ask themselves “Can a mother stop a father from seeing my child?”. There’s a lot to consider when you wonder why some parents refuse to let the other parent see their children. Moreover, there are also valid reasons why it’s okay to wonder if this is possible. These may include a valid reason and certain circumstances like the other parent:
- Involved in any kind of criminal activity during or after divorce/separation, thus endangering the child’s life
- Committed or is committing child abuse (sexually, physically, or emotionally)
- Planning to also stop the other parent from seeing their kids
- Speaking ill of the other parent without concrete evidence
- Using illicit substances before, during, and after changeovers
- Drinking alcohol excessively before, during, and after parenting time
- Failing to bring kids to school on time or during changeovers
- Bringing kids to improper places like brothels, casinos, bars, and locations without the other parent’s consent or knowledge.
These factors are definitely not safe for kids, especially if they’re in the early stages of their development. Hence, some mothers may ask themselves “Can a mother stop a father from seeing her child?”. Parenting plans are meant to showcase parents’ ability to take care of their kids even after divorce. While it is entirely possible, it’s important to seek advice from a family lawyer.
What’s the Most Effective Parenting Plan?
No two families are alike when it comes to dealing with divorce, separation, and parenting plans. Hence, there’s really no perfect parenting plan, unless ex-partners communicate effectively and draft a parenting plan that suits their child’s needs. Mothers who ask themselves “Can a mother stop a father from seeing child” should first discuss:
- Public holidays in Australia and in other countries if the other parent is living overseas
- The kids’ school holidays, special occasions, and summer vacations
- Which parent will take the kids on said holidays
- Contact with the kids’ other relatives, friends and family members
- How changeovers will work
- Instances where one parent will move to another house, city, state, or country
- Cancellation of parenting time
- If it’s necessary to save money to pay child maintenance
- Agreements before turning the parenting plan into a court order
Now all of these factors may affect a lot of schedules, so it’s important for parents to look into every detail in order to avoid disputes. For instance, the kid’s graduation will overlap with a weekend when the mother is supposed to spend time with her kids.
While this is possible, parents can see this beforehand and maybe include a clause that addresses this situation. Do parents want to know some examples of custody or parenting arrangements? Click here to read our take on best custody arrangements for kids.
What Do the Family Law Act and Family Court Say?
Section 60CC of the Family Law Act 1975 states that kids should have a meaningful relationship with both parents. So mothers thinking “Can a mother stop a father from seeing child?” should think twice before making that decision. Parents should also think about the child’s welfare and best interests before making changes to parenting arrangements.
Courts will always allow kids to see both their parents since there’s a presumption of equal shared parental responsibility. This means that both parents will play a role in making decisions about the child, regardless of separation, divorce or second marriage. Read on to know more about a case related to the question “Can a mother stop a father from seeing her child?”
Can a Mother Stop a Father From Seeing Child: Case Example
The mother (Ms X), believed that her ex-spouse (Mr Y) wanted to harm her and their child. She feared that they were at risk of family violence if Mr Y spends time with their child. Ms X also claimed that her kid is a victim of extreme family violence resulting in her kid fearing the father Mr Y. She also described that the father was controlling and abusive.
Behavioural Treatment for the Father
The Department of Health and Human Services (DHHS) and the Children’s Court proved these to be true in previous family law proceedings. However, the father claimed that he acted in such a manner only because of the situation. Although, he regularly attended the following in order to fix his inappropriate behaviour:
- Men’s Behavioural Change Course
- Post Separation Parenting Programme
- Risk Assessment Report
After completing these programs and courses, the risk assessment report described Mr Y as low risk to the child. Psychiatrists and psychologists also recommended supervised contact or visitation in the course of the Federal Circuit Court proceedings. However, Ms X thought that this was not in the child’s best interests.
The ICL’s Recommendations
The Independent Children’s Lawyer (ICL) then recommended that both parents participate in a Parenting Orders Program (POP). The program’s role is to facilitate the father and son’s supervised time at a contact centre. Afterwards, the family law report stated that the child did not reflect the mother’s unfavourable opinion of the father.
The Judge’s Decision
Ms X continued to resist this arrangement and proposal as she claimed that this triggered her Post-Traumatic Stress Disorder (PTSD). However, the judge refused to vary his order and the father’s supervised time progressed smoothly. Mediation was then used to resolve the family dispute between the two parties.
Why Is it Important to Seek Legal Advice?
Can a mother stop a father from seeing her child? Legally, yes. However, it’s important to note that mothers should provide concrete evidence (proving that the other parent does not serve the best interests of the child) in order to restrict child contact from a parent. They should also prove that there was unfairness in equal shared parental responsibility for their child.
However, it is rare for the Court to approve this because they place a lot of emphasis on the importance of the child having a healthy relationship with both parents. There are also many ways to go about instances like this. Family dispute resolution methods such as mediation is widely used to solve parenting and family law conflicts.
Our Mediation Services
Our family lawyers at JB Solicitors offer affordable mediation services for parents who wonder if they can restrict child access from a father. It’s important to know that family lawyers offer expert legal advice in order to reach a decision that will meet the child’s best interests. Hence, parents should take a step back and consider mediation before doing anything drastic like opting for court procedures.
Contact a family lawyer today to resolve a family law matter.
