It’s incredibly tough when your child is prevented from living or spending time with you, but taking the right steps can help you regain access and preserve your relationship with your child.
At Lander Solicitors Queensland, we’re committed to standing by you every step of the way, providing the guidance and support you need.
What does withholding a child mean?
Withholding a child refers to the act of preventing (not completely denying) the other parent from spending time with the child. It can also mean not facilitating or encouraging your child’s relationship with the other parent.
Under the Australian Family Law, when taking into account the best interests of the child, the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child (where it is safe to do so) needs to be assessed. However, the relationship between the parents can often be a roadblock.
During a separation or divorce, it’s not uncommon for a parent to try to limit or even prevent contact between their child and the other parent. While they may have/or believe they have valid reasons to do so, there are far-reaching consequences for both parents and the child/ren.
Immediate steps to take if your ex-partner is withholding your child
Seek legal advice:
Talk to a family lawyer right away. The team at Lander Solicitors Queensland will guide you through the necessary steps and legal options available. If you cannot locate the whereabouts of your child, you need urgent legal advice to start proceedings for a Commonwealth Information Order (location order).
Communication:
If there is no protection order prohibiting contact, write to your partner requesting the return of your child. Keep records of all communications.
Family dispute resolution:
Arrange a Family Dispute Resolution Conference through a family relationship centre or privately with an accredited practitioner. We have a network of excellent practitioners we can refer you to, should you find yourself needing one.
Police involvement:
Law enforcement should be involved in situations where there are allegations of domestic violence. However, they won’t recover your child without a court order that gives them authority to do so.
What legal rights do a parent and child have in this situation?
If there is a parenting order in place, you can file an application for a contravention order.
If there are no orders yet, you need a certificate showing you and your partner tried family dispute resolution. Sometimes, this might not be needed before going to court. Your lawyer will let you know if that’s the case.
What to do if you want to restrict the other parent’s access
If you believe that the other parent is putting your child in immediate danger, contact the police and/or the Department of Child Safety, Youth and Women (in Queensland) or the relevant government department in your state or territory right away.
If there is no immediate danger but you believe that you have cause to deny the other parent access to your child, get legal advice before restricting or removing any access.
A lawyer will guide you through the process and provide an objective perspective.
What can I do if my partner is withholding my child?
If there’s no immediate danger, your first call should be to the team at Lander Solicitors Queensland.
Navigating the situation of your child being withheld is incredibly challenging, but you don’t have to face it alone. Seeking professional legal advice, understanding your rights, and getting an objective perspective are critical first steps.
At Lander Solicitors, we’re here to provide the support and representation you need to ensure the best outcome for you and your child. Get in touch now for expert support.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from a qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland accepts no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.