Can my ex- wife deny me access to my children?

The law in Australia recognises the benefit of children having a meaningful relationship with both parents, and normally the aim is to allow children to see both parents. Generally speaking, an ex-partner cannot deny their former partner access to their children unless there are concerns over the safety of the children, and it would not be in the children’s best interests.

What can be done to allow access to my children?

If a former partner refuses to let you see your children, then some initial non-legal strategies can be pursued to rectify the situation. The first resort is to try and resolve the matter informally, as it may just be a matter of mutual convenience or some other impediment that can be removed. Family law mediation can be proposed using a third-party mediator if a compromise cannot be reached.

If neither of these approaches proves successful, applying to the Court for orders may be necessary while acknowledging the potential practical limitations involved.

Exceptional circumstances

Notwithstanding the above, there may be valid reasons preventing a father from seeing his children, such as

• drug or alcohol abuse
• criminal activity
• domestic abuse or a history of violence
• other activities or behaviours that put a child’s welfare at risk, such as extreme mental health issues.

Contact our Family Lawyers based in Sydney, NSW

A father should not be denied access to their children for any reason that is not related to a child’s welfare. If you have any concerns relating to denied access to a child in Australia, Szabo & Associates Solicitors can help. Please contact us on 02 9281 5088 or complete the online contact form.