Can a Parent Withhold a Child?

Often in family law proceedings, a parent will elect to withhold contact between the children and the other parent. There are many reasons for this; most often it is when a parent alleges that a child is at risk in the care of the other parent.

So, where to from here?

A parent will generally try and request for their time with the children be reinstated, however often this task is often unsuccessful resulting in the parent not being permitted to spend time with the child needing to seek assistance to reinstate their time.

The first step is for the parties to attend a family dispute resolution conference (“FDRC”). These can be arranged through services such as Relationships Australia or Uniting Care.

Following a FDRC, a Section 60I Certificate will issue to the parties.

If unsuccessful at the FDRC in reaching an agreement, a party can then commence family law proceedings in the Federal Circuit Court or Family Court of Australia.

Parenting applications need to be prepared carefully and it is best that you seek independent legal advice about your matter.

We can provide advice about your options. If you need assistance with urgent parenting arrangements, contact the team at FREEDOM LAW for an obligation free appointment.



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