There are often many mixed emotions for children to deal with when their parents separate, including reluctance or refusal to spend time with the other parent they are not otherwise living with. There may be a number of reasons a child may refuse to spend time with the other parent. For example, a child may give a view he or she thinks the parent wants to hear.
The Family Law Act 1975 (Cth) says that the Court must balance the child having a meaningful relationship with both of the child’s parents with the risk of Family Violence.
If there is Family Violence or a risk of Family Violence, then there may be grounds for the child not to spend time with the other parent or to spend supervised time with the other parent.
If there is no Family Violence or risk of Family Violence, then you should consider the reasons why your child does not want to spend time with the other parent.
If there is no risk of Family Violence and you do not encourage a meaningful relationship with the other parent a Court may be critical about the reasons as to why your child is not spending time with both parents.
The Court expects parents to promote, encourage and foster a meaningful relationship between the child and the other parent.
If you have any questions or concerns in respect of whether a child should spend time with your ex-partner, please do not hesitate to contact our office to arrange an initial consultation with McNamara & Associates Family Law Partner, David Millwater.