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Australian Family Law — General Information

Can my ex stop me seeing my child in Australia?

Short Answer

Usually no, unless there is a court order or safety concerns. Both parents generally have parental responsibility, and a parent should not stop a child seeing the other parent without a valid reason. If this happens, you may need mediation or a court order.

Get help with parenting arrangements →How guided support works

The Legal Position

Under s 61C, both parents have parental responsibility unless a court orders otherwise. The court makes decisions based on the child's best interests (s 60CA). If time is being stopped without court orders, mediation (s 60I) is required before court. The court considers factors in s 60CC including safety and the child's relationship with each parent.

s 61C Family Law Act 1975 (Cth)
s 60CA Family Law Act 1975 (Cth)
s 60CC Family Law Act 1975 (Cth)
s 60I Family Law Act 1975 (Cth) — mediation requirement

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If you are not seeing your child, act early — the current arrangements can become the status quo.

Get help with parenting arrangements →How guided support works