The tension following a separation or divorce is a common occurrence. However, this tension will sometimes boil over for some former partners in areas it should not, such as where children are concerned. Unfortunately, a typical complaint family lawyers will receive will be something to the effect of ‘My ex won’t let me see my child (Australia). It is always a terrible situation, so this guide will provide some guidance on what situations this is and is not allowed in and what can be done if this happens to you.
My Ex won’t Let Me See My Child In Australia – Are They Allowed To Do That?
If you find that you are telling yourself ‘my ex won’t let me see my child’, and you are in Australia, you have to be aware that they are not allowed to do this because of any of the following reasons:
- Where you refuse to or have not made child support payments
- Where you do not visit enough, despite there being a child custody agreement in place
- When you are sometimes late to drop-offs and pick-ups
If your ex won’t let you see your child in Australia for such reasons as a form of punishment, they are not allowed to. The only way they can legally limit or cease you seeing your child would be to pursue the matter in Court and get an order to that effect from a judge. Despite this, there are some limited circumstances where it is legally permissible for your ex not to let you see your child in Australia.
When Is My Ex Allowed To Not Let Me See My Child In Australia?
In general, your ex may not disallow you to see your child in Australia. However, it is legally permissible in some circumstances, typically viewed as extreme or a last resort option. Examples of such instances include:
- To ensure the safety of the child
- Where you are intoxicated around the children and pose a risk to them
- Where you may have mental health problems that are extreme so that you pose a threat to the children
- Where you have a history of violence, and you are displaying violent or aggressive behaviour.’
- Any reasons relating to the best interests of the children, and their overall wellbeing and safety
What Can I Do If My Ex Won’t Let Me See My Child In Australia?
If your former partner won’t let you see your child, the first action you should undertake would be to attempt to resolve the matter with them informally. If they are unwilling to listen to you or come to a compromise, you can try having a mutual friend of yours or a family member of theirs reach out to them on your behalf to try and remedy the situation. If this still does not work, the next course of action would be to propose a family law mediation session with your former partner. In such a session, a neutral third-party mediator can help you both negotiate on mutually satisfactory terms.
However, if your former partner is unwilling to resolve the matter informally or through mediation, you will need to pursue the issue in a courtroom setting. It is imperative that you remain calm throughout this process and do not resort to actions such as threatening your former partner or snatching your children, as these actions will only work to your detriment in Court.
Importance of Seeking Legal Advice
When discussing matters such as ‘my ex won’t let me see my child Australia’, it is essential to note that every situation is different, and there is no single answer that fits the mould of every situation. To better understand your circumstances and options, you should seek the advice of an experienced family lawyer.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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