Practical family law advice from our Brisbane family lawyers is what you need from the outset of your child custody matter. If you are faced with the situation where your former partner is withholding your children from spending time with you, practical family law advice should include promptly taking the steps available to you to ensure that you see your children as quickly as possible.
The framework of the Family Law Act 1975 (Cth) (FLA) promotes the best interests of the child as the paramount consideration when the family courts are considering what should be the child custody or parenting arrangements for a child (refer section 60CC FLA).
Generally, best interests of the child will include living arrangements for a child that allows for the child to have a meaningful relationship with both parents.
When the family court is considering child custody orders, best interests of the child will normally involve that the child spends time with the parent during the week, over weekends and on special days, allowing the parent then to participate in the normal day to day life of the child.
In the absence of family violence or circumstances where the child is at risk in the care of the concerned parent, you can generally expect that the family court when considering child custody orders will not look favourably upon the conduct of a parent in withholding the child from spending time with the other parent. In this situation, our Brisbane family lawyers will advise you regards questions which may arise concerning the insight of the parent withholding the child into the needs of the child and their ability to successfully co-parent post separation with the other parent.
If your former partner is withholding your children from spending time with you, practical family law advice may include that you seek to negotiate an amicable settlement with the other parent but failing that, that you apply as soon as possible to the family court seeking child custody or parenting orders. If your children are at risk in the care of the other parent, including where they are at risk of psychological harm or emotional abuse, our Brisbane family lawyers will recommend that you do not delay in making that application to court seeking child custody or parenting orders.
Ordinarily where children are not at risk, it is necessary that a family dispute resolution meeting first be attempted before proceeding to family court seeking parenting orders.
It is important where your children are being withheld from spending time with you that you obtain practical family law advice from Brisbane family lawyers to ensure as much as possible that no significant time elapses between the time when the children were spending time with you and when time restarts after the period of withholding. The family court will generally want to see time for the children to spend with you re-established but where your children are young, if there has been any significant time elapsed since your children last spent time with you, you may well have to see through a period of at least gradually increased time.
Contact our experienced Brisbane family lawyers for practical family law advice how best to obtain time for your children to spend with you and regards best interests of the child. We offer free family law advice during your first call with us and fixed rate initial consultations.