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How do I stop my ex from seeing the kids?
If you believe your ex-partner should not have contact with your children, it is important to understand the legal process and what the Family Court considers when making decisions about child access.
Under Australian Family Law, both parents generally have a right to spend time with their children, but this is not absolute—the court prioritises the best interests of the child and will restrict or deny access if a parent is proven to be a risk to the child’s safety and well-being.
At ALA Law, we help parents navigate these complex legal matters and ensure their children’s safety is protected.
1. When Can You Legally Stop Your Ex from Seeing the Kids?
A parent cannot unilaterally stop their ex from seeing the children without a valid legal reason.
However, the Family Court may restrict or deny contact if there is evidence of:
🚨 Family violence or domestic abuse (physical, emotional, financial, or coercive control).
🚨 Child abuse or neglect (physical, emotional, sexual abuse, or exposure to harm).
🚨 Substance abuse (drugs or alcohol use that endangers the child).
🚨 Severe mental health issues (if they impact a parent’s ability to care for the child).
🚨 Parental alienation (efforts to manipulate the child against the other parent).
✅ If you believe your child is at risk, you should seek legal protection through the Family Court.
🔹 ALA Law provides legal assistance in securing court orders to protect children from harm.
2. Can I Refuse Visitation If There Is No Court Order?
If there is no existing parenting order, you may be able to refuse visitation, but this can result in:
❌ The other parent applying for parenting orders, which may force you into legal proceedings.
❌ Court penalties if the court believes you are unfairly denying access.
❌ Tension and disputes that can negatively affect your child.
🚨 Key Consideration: The court will not automatically restrict access unless there is clear evidence that the other parent poses a risk to the child. Each case needs advice by a trusted lawyer tailored to the exact circumstances to advise what is and is not possible.
🔹 ALA Law can help assess your case and guide you through the legal process to protect your child.
3. What Legal Options Do I Have to Restrict My Ex’s Access?
If you believe your ex should not see the children, you may need to apply for:
1️⃣ Parenting Orders to Limit or Stop Contact
You can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a Parenting Order that:
✔ Denies visitation rights if the parent is a danger to the child.
✔ Allows only supervised contact (at a supervised visitation centre).
✔ Restricts communication methods (phone, video calls, or messages).
🚨 What if the other parent ignores the order?
You can apply for an Enforcement Order to ensure compliance.
4. Why Choose ALA Law to Protect Your Child?
At ALA Law, we provide expert legal guidance for parents who need to:
✔ Apply for court orders to stop or limit visitation.
✔ Seek supervised or no-contact parenting arrangements.
✔ Protect their children from family violence or neglect.
✔ Defend themselves against false accusations.
📞 Need legal advice? Contact ALA Law today to discuss your case and protect your child’s well-being.
👉 Visit Our Website: https://www.alalaw.com.au