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FAIR DINKUM LEGAL

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Your Situation

Not Being Allowed To See My Child

Short Answer

If there are no court orders, both parents usually have equal parental responsibility and one parent should not stop the other seeing the child without a valid reason. If this is happening, the next step is usually mediation or applying to the court for parenting orders.

Many fathers find that after separation, time with their children slowly reduces or stops altogether. This often happens before any court orders are made, and the longer it continues, the harder it can be to change.

If you are not seeing your child right now, the situation needs to be addressed early. The court often looks at the current arrangements when making interim orders, and what starts as "temporary" can become the status quo.

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Common Situations

No orders, but time is being stopped or reduced
Limited time only on the other parent's terms
Communication about children is being blocked
Interim arrangements that started "temporarily" have become permanent

The Legal Position

Under s 61C Family Law Act 1975, both parents usually have parental responsibility unless a court orders otherwise. Parenting arrangements are decided based on the best interests of the child (s 60CA). If one parent is preventing time without court orders, the usual steps are:

Attempt Family Dispute Resolution / mediation (s 60I Family Law Act)
Apply for parenting orders (Initiating Application)

What You Should Do Next

Keep all communication in writing (email or text only)
Record all missed time and document patterns
Attempt mediation — this is required before court
Get advice before filing court documents
Do not wait months — the current arrangements can become the status quo

If mediation has failed or the situation is not improving, the next step is usually filing an Initiating Application for parenting orders. Our platform guides you through this process step-by-step and builds your documents as you go.

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Ready to start the process?

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