This article explores the legal considerations, parental responsibilities, and practical steps to take if a child refuses contact with a parent, under the Family Law Act 1975 (Cth).
Understanding Parental Responsibility
In Australia, both parents generally share equal parental responsibility for their child unless the court orders otherwise. This means both parents are expected to make major long-term decisions together—such as education, health, and living arrangements—regardless of where the child primarily resides.
There are many reasons why a child might resist spending time with one parent, including:
Emotional conflict or loyalty issues after separation.
Exposure to conflict or tension between parents.
Allegations of abuse or neglect, whether founded or not.
Influence from one parent, sometimes referred to as parental alienation.
Developmental stages where the child seeks independence or stability.
Understanding the root cause is critical before taking legal action. Sometimes, the refusal may reflect genuine fear or discomfort that needs to be addressed with sensitivity and professional guidance.
The child’s safety and protection from harm or abuse.
The child’s right to maintain meaningful relationships with both parents, where appropriate.
If a child refuses contact, the court may consider:
The child’s age and maturity.
The reasons for refusal.
Whether the parent has influenced the child’s views.
The impact on the child’s wellbeing.
Older children, especially those in their teenage years, may have their views given significant weight by the court.
What Can Parents Do?
When faced with a child’s refusal, parents are encouraged to take a measured and lawful approach. Reacting with anger or forcing the issue may worsen the relationship or affect future court decisions. Instead, parents should:
Seek professional advice early - Consult a family lawyer for tailored legal guidance.
Attend mediation - Services such as Family Relationship Centres offer Family Dispute Resolution (FDR) to help parents communicate constructively.
Consider counselling - For both parent and child, to explore emotional reasons behind the refusal.
Document communication - Keep detailed records of interactions and attempts to maintain contact.
Apply to the court if necessary - If mediation fails, an application for parenting orders can be made to formalise arrangements.
When Safety Is a Concern
If the refusal stems from alleged family violence, abuse, or neglect, these claims must be treated seriously. The court can issue protective orders and may suspend or restrict contact until safety can be ensured.
Parents should never attempt to force contact in such cases. Instead, legal and psychological professionals can assist in ensuring the child’s safety and emotional wellbeing.
Parental Alienation and Legal Remedies
In some cases, one parent may consciously or unconsciously influence the child against the other parent—a behaviour known as parental alienation. While not a defined legal term in Australia, the courts recognise its impact on the child’s emotional welfare.
If alienation is proven, the court can take significant steps, including:
Modifying parenting orders.
Requiring counselling or family therapy.
Changing primary care arrangements in extreme cases.
Navigating these issues without expert support can be overwhelming. Family lawyers play a crucial role in helping parents understand their rights, gather evidence, and represent their interests effectively in negotiations or court.
When a child refuses contact, it is essential to act with empathy, patience, and legal clarity. Every case is unique, and understanding both the emotional and legal context is key to achieving a resolution that protects the child’s wellbeing.
New South Lawyers’ expert legal team can guide you through the process and help you find solutions that prioritise your child’s best interests while upholding your parental rights.
Contact New South Lawyers today to discuss your situation confidentially and explore your options under Australian Family Law.
