Parental Access Conflict
The client, based in New South Wales, has received final parenting orders that restrict their children from having contact with their partner, despite resolving past issues and being committed to the relationship. A prior restraining order between the client and their partner has expired, and there are no current legal restrictions against the partner. The client has not sought legal advice about varying these orders and has not engaged in dispute resolution with their ex-spouse. The children, who are starting unsupervised visits with their father, are reportedly unhappy with this change, yet they maintain a positive relationship with the partner.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I apply to have the final orders varied to allow my children to have contact with my partner?
To apply for a variation of the final parenting orders, you would need to demonstrate a significant change in circumstances, such as your resolved relationship with your partner and their positive involvement in your children's lives. File an application with the Family Court or the Federal Circuit Court, supported by evidence of the children's positive relationship with your partner. Engaging in family dispute resolution with your ex-spouse may also be beneficial before applying.
What are the potential legal consequences if I allow my children to have contact with my partner despite the current orders?
Breaching family court orders regarding child arrangements can result in serious legal consequences. Allowing your children to have contact with your partner despite existing orders may lead to penalties such as being found in contempt of court, which could result in fines or, in extreme cases, imprisonment. It might also affect future legal proceedings involving your children.
Could the past restraining order between my partner and me affect any future court applications regarding the children?
The past restraining order could potentially impact future court applications regarding your children if the court views the prior order as indicative of risk or instability. Family law courts prioritize children's best interests when making decisions, and previous disputes or protection orders are considered relevant factors.
What evidence would I need to provide in court to demonstrate that my partner is now a suitable person to have contact with my children?
To demonstrate that your partner is suitable for contact with your children, you should provide evidence showing improvements in his character and relationship with the children. This can include character references, reports from a family counselor detailing positive interactions, and evidence of constructive behavior since the restraining order expired.
Are there any interim measures I can take to facilitate contact between my children and my partner while we seek to vary the order?
You may consider engaging in family dispute resolution to negotiate an interim arrangement regarding your children's contact with your partner. This process can help reach a mutual agreement before formally applying to vary the orders.
