Not always. In such circumstances it will be very relevant to ascertain why the child does not want to see their parent. Whether that is a valid reason in terms of the matters that a court needs to consider can then be assessed.
There are some situations where a child has expressed a wish not to see their parent and that has been the outcome. There are also situations where a child has decided that he/she no longer wants to see their parent but the outcome of the dispute is that the child is still required to see that parent.
Children
Can I change my child’s surname?
Unless you have sole parental responsibility for your child you will not be able to change your child’s surname without the agreement of the other parent or a Court Order.
Can I get sole Parental Responsibility?
The Family Law Act provides that parental responsibility is equally the task of both parents. However there are circumstances where parental responsibility can be ordered to be the sole responsibility of one parent. Such circumstances might include for example where the level of domestic violence between the parents is such that they cannot communicate in sufficient manner so as to share parental responsibility.
Can I prevent my children from traveling overseas?
Whilst overseas travel after separation is quite a common event there are sometimes circumstances which mean it is best that a child does not participate in such travel. If for example there is a risk that the child will never be returned to the jurisdiction of Australia an Order might be made preventing their departure at all. An Order can be obtained for the children’s names to be placed on the Airport Watch List so as to prevent their leaving the country.
Can I prevent my ex from seeing the kids?
Unless the other parent is accepting of such an arrangement, it is usually very hard to obtain a Court Order preventing that parent from seeing the children. A long term ‘no contact’ Order is usually made with great reservation by a Court. Whether or not such an Order is made will depend upon specific circumstances and whether it is considered in the best interests of the children not to see that parent. Of course there are cases where it is simply not in the best interests of a child to see a particular parent and the Courts will make appropriate Orders denying contact if necessary.
Can I relocate with my children?
The distance involved in the relocation and the effect on parenting arrangements will determine the answer to this question, along with various other factors. For example, a move which adds only a short distance between the respective homes of parents would usually be okay. However a move which adds reasonable travel time between the respective homes of parents should not usually be undertaken without first obtaining the agreement of the other parent or the court’s permission. If you make such a move without either the agreement of the other parent, or a Court Order permitting the move, you might find that you end up being ordered by the court to return to the place where you relocated from.
Can I see my ex’s children if I am not their biological parent?
Yes. Because the Family Law Act looks at the rights of a child there will often be circumstances when it is in the child’s best interests to maintain a relationship with a non-biological parent.
Can I still travel overseas with the children?
In most circumstances it is still possible to travel overseas with your children after separation. In different situations there may be some restrictions in relation to such travel for example you might only be able to travel to specific destinations.
How do I change my existing Consent Order?
A Consent Order can be changed by a subsequent Parenting Plan. It can also be changed by a new Consent Order, or a later Order of the court. Obviously a Parenting Plan and a new Consent Order can only be achieved where the parties are in agreement.
How do I change my existing Parenting Plan?
A new Parenting Plan can be made at any time if a further agreement to do so can be reached between the parties. If a further agreement cannot be reached then depending upon how old the Parenting Plan is determines whether you need to participate in Family Dispute Resolution or whether you can commence a court proceeding.