Separation and Children: Do I Have to Let My Children See the Other Parent?
Written by Samantha Bolton
Separation can bring up many difficult questions about children, and one of the most common concerns parents have after separation is: “Do I have to let my children see the other parent?” The answer depends on what is in the best interests of the child.
Understanding your rights and obligations during separation is essential for protecting your children’s wellbeing. Whether you have recently separated or have been separated for some time, the arrangements for your children should always be guided by their best interests.
The Best Interests of the Child Come First
The Family Law Act focuses on ensuring that children have:
A meaningful relationship with both parents, where safe and appropriate; and
Protection from harm, abuse, or neglect
Even after separation, the law generally encourages children to maintain contact with both parents unless there are serious safety concerns.
Parental Decision Making and Time With Children After Separation
Parental Decision Making (or parental responsibility as it was previously referred to as) refers to making long-term decisions about a child’s upbringing, not just spending time together. Following separation, parents are generally encouraged to:-
Share in decisions about education, health, and welfare;
Support the child’s relationship with the other parent; and
Act in a cooperative and respectful way.
However, time with children is balanced with safety and wellbeing. The Federal Circuit and Family Court will consider family violence, abuse, or neglect when determining arrangements.
When You Might Limit Contact
There are situations where it may be appropriate to limit or supervise contact, including:-
A history of family violence or abuse; and/or
Concerns about the child’s emotional or physical safety; and /or
Substance abuse or neglect issues.
The Court can make parenting orders designed to protect a child while still facilitating a meaningful relationship with both parents, including by ordering supervised time where appropriate. However, a parent who unilaterally limits or withholds a child’s time with the other parent following separation may face significant scrutiny from the Court. The Court may hold concerns about that parent’s capacity to support the child’s relationship with the other parent, co-parent effectively, and act in the child’s best interests.
Where such action is taken without sufficient evidence to justify it, there is a risk that the Court may consider whether the current living arrangements are in the child's best interests, including whether the child should reside primarily with the other parent. This is a serious step with potentially significant consequences.
Any decision to restrict a child's time with a parent should be made carefully, based on appropriate evidence, and after obtaining legal advice from an experienced family lawyer.
Separation, Mediation and Parenting Plans
If parents disagree about contact following separation, options include:-
Family Dispute Resolution (FDR) – a mediator helps parents reach an agreement;
Parenting plans – a written, non-binding agreement outlining arrangements;
Court orders – formal legal orders if agreement cannot be reached.
How Pippa Colman Family Law Can Help
At Pippa Colman Family Law, we help parents navigate the complexities of separation and child arrangements by:-
Explaining your rights and obligations;
Assisting with parenting plans or FDR;
Preparing applications for parenting orders if necessary;
Supporting you to protect your child’s best interests.
We understand how stressful separation can be, particularly when children are involved, and aim to provide clear, practical advice to help you move forward.
Important Disclaimer
The above information is general in nature and provided for educational and informational purposes only. It is not legal advice and should not be relied on as such. Every situation is different, and you should seek independent legal advice before making decisions about your own circumstances.