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How do I get to see my kids?
Separation or divorce can be emotionally challenging, especially when it affects your ability to see your children. If you are struggling to maintain contact with your child due to a custody dispute, denied access, or strained co-parenting relationships, you have legal options to protect your rights.
At ALA Law, we help parents secure fair parenting arrangements so they can maintain meaningful relationships with their children. This guide explains how you can get access to your child, including your legal rights, negotiation options, and court processes in Australia.
1. What Are My Rights as a Parent?
Under the Family Law Act 1975 (Cth), Australian Family Law focuses on the best interests of the child, rather than the rights of the parents.Children have the right to a meaningful relationship with both parents, provided it is safe.
Parents share parental responsibility, meaning they should both be involved in major decisions about the child’s welfare.
Parenting arrangements should prioritise the child’s needs, including their stability, safety, and emotional well-being.
What if the other parent refuses to let me see my child?
You may need to seek mediation, apply for parenting orders, or take legal action to enforce your rights.
ALA Law can help you take the necessary steps to regain contact with your child.
2. Steps to Get Access to Your Child
Before taking legal action, try to discuss parenting arrangements with the other parent. If possible, agree on:- A consistent visitation schedule (weekends, holidays, school events).
- Communication methods (phone calls, video chats).
- Special considerations (school pickups, shared holidays).
Tip: Keep all communication polite and documented to avoid misunderstandings.
- If informal discussions don’t work, you must attempt Family Dispute Resolution (FDR) before applying to the court.
- A neutral mediator helps parents reach an agreement.
- If an agreement is reached, it can be formalised as a Parenting Plan or Consent Order.
- If mediation fails, the mediator will issue a Section 60I certificate, allowing you to apply for court orders.
ALA Law assists parents in preparing for mediation and negotiating fair agreements. Learn more
If negotiation and mediation fail, you can apply for Parenting Orders through the Federal Circuitand Family Court of Australia (FCFCOA).
The court may grant:
✔ Live-with orders – Determining where the child lives.
✔ Spending time orders – Setting visitation schedules.
✔ Communication orders – Enabling phone/video contact.
✔ Supervised visit orders – If safety concerns exist.
What if the other parent ignores the orders?
You can apply to the court for enforcement orders to ensure compliance.
ALA Law provides expert legal representation in Family Court parenting disputes. Learn more
3. What if the Other Parent Is Stopping Me From Seeing My Child?
If the other parent is unfairly denying you contact, you can take the following steps:
- Try Mediation First – To resolve disputes without court involvement.
- Apply for Court Orders – If mediation fails, seek legal enforcement of your rights.Request Enforcement Orders – If an existing Parenting Order is being ignored.
- When Court Intervention May Be Necessary:
- If the other parent is refusing to negotiate.
- If the other parent is withholding the child without reason.
- If there are false allegations preventing you from seeing your child.
ALA Law helps parents enforce their legal rights when denied access to their child. Learn more.
4. What if There Are Safety Concerns?
If a parent poses a risk of harm to the child, the court may order:
- Supervised visitation – Contact occurs at a supervised centre.
- Restricting or stopping visitation – If there is evidence of abuse or neglect.
- Intervention Orders (AVOs/DVOs) – If there is a history of domestic violence.
ALA Law ensures children’s safety is prioritised in all parenting matters.If you fail to comply with orders and have a reasonable excuse to that contravention, the court may also take this into consideration. Learn more.
5. Why Choose ALA Law for Parenting Disputes?
At ALA Law, we help parents:
✔ Negotiate parenting agreements that work.
✔ Apply for court orders to secure visitation rights.
✔ Enforce parenting orders when access is denied.
✔ Ensure children’s best interests remain the priority.
Need legal help? Contact ALA Law today to protect your right to see your child. Visit Our Website www.alalaw.com.au.
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