Legally, a mother cannot unilaterally deny a father access to their child without just cause. Denial of access must be justified by concerns for the child's safety and wellbeing. If there are allegations of violence or abuse, the court may impose restrictions on access. However, unfounded denial of access can lead to legal repercussions for the mother.
Steps to Take If Access Is Denied
If a father is denied access to his child without valid reasons, several steps can be taken:
Communication and Mediation: Attempt to resolve the issue amicably through open communication or mediation services. Mediation can help both parties reach a mutually acceptable agreement.
Legal Advice: Seek legal advice from a Family Law expert to understand your rights and the best course of action.
Apply for a Parenting Order: If mediation fails, applying for a Parenting Order from the Family Court may be necessary. A Parenting Order legally stipulates the custody and access arrangements.
Role of the Family Court
The Family Court assesses each case based on the child's best interests. Factors considered include the child's relationship with each parent, the ability of each parent to provide for the child's needs, and any history of family violence. The court can issue various orders, including:
Parenting Plans: Voluntary agreements between parents outlining custody and access.
Consent Orders: Court-approved agreements that are legally binding.
Parenting Orders: Court-determined arrangements when parents cannot agree.
Ensuring Fair and Equitable Outcomes
At New South Lawyers, we work to pursue fair outcomes, including 50/50 custody where appropriate. If you're facing challenges such as access denial by the mother, we can provide legal strategies to assert your rights and ensure compliance with court-ordered arrangements. Our team is committed to guiding you with compassion and expertise, ensuring that your voice is heard and your children's best interests are prioritised.
Navigating the complexities of child custody and access in Australia requires a clear understanding of the legal framework and a strategic approach. If you are experiencing denial of access, it is crucial to seek legal assistance to protect your rights and your child's wellbeing.
Contact New South Lawyers today for expert legal guidance and support. Our experienced team is here to help you assert your rights and prioritise your children's best interests.
