In short: only if you can show real risk of harm – not just that you dislike or disapprove of the person. Day-to-day decisions about who a child spends time with belong to whichever parent has them in their care, unless there’s a court order restricting it, so you’ll generally need evidence such as a criminal history, an AVO, substance abuse, or child protection concerns before a court will intervene.
Separation is rarely simple – especially when children are involved. One of the most distressing situations for parents is discovering that an ex-partner may be introducing their child to individuals they believe are unsafe. Whether the concern relates to criminal history, substance abuse, family violence, or general instability, many parents ask the same question: can I legally stop this from happening?
Under Australian Family Law, the answer depends on several factors, but the child’s best interests always come first. A family law solicitor can help you work out whether your specific concerns meet the legal threshold.
Understanding the “Best Interests of the Child”
The cornerstone of Australian Family Law is the principle that any decision affecting children must prioritise their best interests. The Federal Circuit and Family Court of Australia considers the child’s safety, protection from physical or psychological harm, exposure to abuse, neglect or family violence, and the benefit of a meaningful relationship with both parents.
If introducing a child to a particular person puts them at risk of harm, the court can intervene.
However, not every dislike or disagreement qualifies as a legal risk.
When Is Someone Considered “Unsafe”?
A court will not restrict a parent’s time or associations lightly. Concerns must be supported by evidence. Situations that may justify intervention include where the person has a history of violent offences, is subject to an Apprehended Violence Order (AVO), has committed child abuse or sexual offences, has serious substance dependency issues, engages in criminal behaviour, or exposes the child to unsafe living conditions.
Mere personality clashes, new romantic partners, or lifestyle differences are usually insufficient.
If you genuinely believe your child is at risk, legal action may be appropriate.
What Does Family Law Say About Parental Responsibility?
In Australia, most separated parents share parental responsibility. This means both parents are involved in long-term decisions about the child, such as schooling, health and religion.
However, day-to-day decisions – including who a child spends time with during a parent’s care – are generally made by that parent.
This means you cannot automatically dictate who your ex introduces your child to unless there is a court order in place.
Can a Court Prevent Contact with Certain People?
Yes. Under Australian Family Law, a court can impose conditions on parenting arrangements if necessary to protect the child.
Possible court orders may include requiring supervised time between the parent and child, preventing overnight stays, imposing drug or alcohol testing conditions, or changing custody arrangements.
The court must be satisfied that the restriction is necessary to prevent harm.
Evidence is critical. Police reports, medical records, intervention orders, witness statements or child protection findings can significantly strengthen your case.
What If There Is No Court Order?
If you suspect your child is being exposed to unsafe individuals, consider the following steps:
- Document everything – keep detailed records of incidents, conversations and behaviours that concern you; dates, times and evidence matter
- Attempt communication – where safe, calmly raise your concerns with your ex; sometimes misunderstandings can be resolved without litigation
- Consider mediation – Family Dispute Resolution (FDR) is usually required before court proceedings; a mediator can help negotiate protective arrangements
- Seek legal advice – an experienced Australian Family Law solicitor can assess whether your concerns meet the legal threshold for court intervention
- Apply for parenting orders – if necessary, you may apply to the court to vary or establish parenting orders that include protective conditions
How the Court Balances Risk vs. Relationship
Australian courts are careful not to restrict a parent’s time without proper justification. Judges balance the seriousness of the alleged risk, the evidence available, the impact of restrictions on the child, and the benefit of maintaining parental relationships.
If risk is proven, safety always overrides convenience.
False or Exaggerated Allegations
It is important to note that making false allegations can severely damage your case. Courts take misuse of Family Law proceedings seriously.
If a court believes concerns are exaggerated to control or punish the other parent, this may negatively affect parenting outcomes.
Always act in good faith and focus on the child’s wellbeing.
When Urgent Action Is Required
If your child is in immediate danger, contact police or child protection authorities straight away.
In urgent Family Law situations, you may apply for an urgent recovery order, an injunction, or an interim parenting order.
The court can act quickly where credible risk exists.
Final Thoughts: Protecting Your Child the Right Way
It is natural to want to shield your child from harm. Australian Family Law provides mechanisms to protect children – but action must be reasonable, evidence-based and child-focused.
If your ex is introducing your child to genuinely unsafe people, you may have legal options. However, acting without proper advice can create further complications.
The key is balancing protection with cooperation wherever possible.
Need Advice About Family Law Matters?
If you are worried about your child’s safety, speak with a qualified Australian Family Law solicitor today. Early legal guidance can help you understand your rights, gather appropriate evidence and take the right steps to protect your child.
Useful Resources
- Federal Circuit and Family Court of Australia
- Attorney-General’s Department – Family Law
- Relationships Australia (Family Dispute Resolution)
- Legal Aid NSW
Your child’s safety is not something to delay.
Speak with an experienced Family Law solicitor. Contact New South Lawyers today and act with confidence.