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I’m in Sydney and have divorced my husband. We have a child, and custody was awarded to him. However, he’s not letting me see our child and has moved without notifying me. What should I do if I want to see my child?

What to Do if Denied Access to Your Child

If your ex-husband has custody of your child and is not allowing you to see your child or has moved without notifying you, there are several steps you can take to address this situation:

1. Review the Court Order

Check the existing court order regarding custody and visitation rights. Ensure you understand the terms and any stipulations regarding visitation and the requirement for notification of any change of address.

2. Attempt Communication

If possible, try to communicate with your ex-husband to resolve the issue amicably. Sometimes misunderstandings can be resolved through direct communication.

3. Document Everything

Keep a record of all attempts to contact your ex-husband and any instances where visitation was denied. This documentation can be useful if you need to go back to court.

4. File a Contravention Application

If your ex-husband is not complying with the court order, you can file a Contravention Application with the Family Court. This application asks the court to enforce the order and address the contravention.

5. Seek a Recovery Order

If you believe your child has been taken without your consent and is being withheld from you, you can apply for a Recovery Order. This order directs the return of your child and can involve law enforcement if necessary.

6. Update the Court on Address Change

If your ex-husband has moved without notifying you as required by the court order, inform the court of this violation. The court takes such breaches seriously.

7. Get Legal Advice

It is advisable to seek legal advice from a family lawyer who can guide you through the process and represent your interests in court. A lawyer can help you understand your rights and the best course of action based on your specific circumstances.

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Law Firm's Insights

Date

14 September 2022

Place

CANBERRA

Judge

W NEVILLE

Highlights

The text discusses the dilemma of whether or not to give custody to the father or mother when it comes to the children. The ICL, who is an independent children's lawyer, points out that there are three children and that it would not be just or equitable for the husband's argument to succeed against the wife. There are multiple letters confirming that the husband was involved in a criminal act and that he is risking criminal charges. The father's lawyer arranged for interviews with an external expert shortly after the mother left the home. The text also mentions that the father's evidence was inaccurate and misleading.

Judgment

A Father has sole parental responsibility for his children, born in 2006 (X) and 2006 (Y). The Father is restrained from changing Y’s school. The Father provides all relevant information about X and Y to the Mother at the beginning of each term by letter or email. The parties each notify the other of any significant medical emergency involving the children as soon as possible by email or text message. The Mother is at liberty to send gifts, cards, and letters to X and Y, and the Father is required to give any such items to the children. The Father is at liberty to send gifts, cards, and letters to Z, and the Mother is required to give any such items to Z. Within 7 days of the date of these Orders, the parties are to confirm by email that the issue of costs may be dealt with in Chambers on the basis of these reasons and the written submissions. The Father’s costs are to be paid jointly by the Father and his lawyer either as agreed or taxed. It is requested that the Independent Childrens Lawyer explain to Z that she is an independent person he can talk to and he can contact if needed; It is requested that a Registrar of the Federal Circuit and Family Court of Australia provide this judgment to the relevant psychologist Registration Board in relation to the conduct of Ms D; It is requested that a Registrar of the Federal Circuit and Family Court of Australia forward this judgment to the ACT Law Society in relation to the conduct of the Father’s solicitor, Ms Wearne; The Wishes Reports by Ms G dated 11th February 2020 and 31st August 2020 provided via Affidavit filed 16th March 2021 be admitted as Exhibit 1; and The Mother’s second Tender Bundle, dated 27th May 2022 be admitted as Exhibit 5.

Legislation

1.Evidence Act 1995 (Cth) s 128

2.Family Law Act 1975 (Cth) Family Law Act 1975 (Cth), ss. 60CA, 60CC(3)(a) – (m), 65DAA, 75(2), 79(2) & (4), 106B, 121

3.Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Part 6.1

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

Can child custody arrangements be changed?

Child custody arrangements can be changed if there is a significant change in circumstances that affects the best interests of the child.

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What happens if one parent wants to move away with the child?

If one parent wants to move away with the child, they must seek the other parent's consent or permission from the court

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What types of child custody arrangements are available in Australia?

The types of child custody arrangements available in Australia are joint custody, sole custody, shared custody, and split custody. 1.Joint custody means both parents share the legal and physical care of the child or children, and decisions about the child's upbringing are made jointly. 2.Sole custody means one parent has the legal and physical care of the child or children, and makes all the decisions about the child's upbringing. 3.Shared custody means both parents have significant and substantial time with the child or children, and both are responsible for making decisions about the child's upbringing. 4.Split custody means each parent has sole custody of at least one child.

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Can parents decide on child custody arrangements without going to court?

Parents can make their own arrangements through a parenting plan or consent orders, but these arrangements must still be in the best interests of the child. 1.A parenting plan is a written agreement between parents that outlines the arrangements for their child's care, including living arrangements, schooling, and contact with each parent. 2.Consent orders are legally binding orders made by a court, based on an agreement between the parents, that outline the arrangements for the child's care.

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Other FAQs You may Interested In

1. In Sydney, Australia. I have an order for the children to spend time with me but my ex-partner won’t let me see them. What can I do?2. I’m in Sydney, Australia, and I want to file for divorce from my husband. We’ve been separated for two years, and I haven’t been able to get in touch with him since the separation. What steps should I take to file for divorce?3. In Sydney, Australia.The children have been living with me since me and my partner separated and I want to move out of the local area. Can I just go with the children or do I need the other parent’s permission?4. With a child from the marriage, my partner and I are contemplating divorce. However, disagreements persist regarding custody arrangements and child support. I require assistance in understanding the process for resolving these matters post-divorce, along with my rights and responsibilities in this regard.5. I am living in Sydney, Australia. I want to end my relationship but my ex-partner won’t move out of the house that we own. What can I do?

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