Can I stop my ex-spouse from seeing our children?

After a separation, a parent sometimes wants to stop the other parent from seeing the children. The reasons range from genuine fear for a child's safety to anger at the other parent, or frustration that child support is not being paid. The law treats these very differently.

The starting point

Unless a court has ordered otherwise, each parent keeps parental responsibility for a child under 18 after separation. Where there are no orders, neither parent's responsibility outranks the other's. Where there are orders, both parents must follow them.

The question the court asks is not what either parent wants, but what is in the child's best interests. In Western Australia that question is decided by the Family Court of Western Australia, under s 60CC of the Family Law Act 1975 (Cth) for children of married parents, or s 66C of the Family Court Act 1997 (WA) for children whose parents were never married. Since the law changed in 2024 and 2025, the factors are the same under both. The court considers:

(a) what arrangements would promote the safety of the child, and of each person who cares for the child, including safety from family violence, abuse or neglect;

(b) any views the child has expressed;

(c) the child's developmental, psychological, emotional and cultural needs;

(d) each carer's capacity to meet those needs;

(e) the benefit to the child of a relationship with both parents and other people significant to them, where it is safe;

(f) anything else relevant to the child's circumstances.

There is no ranking between these, and no presumption that a child should spend any particular amount of time with either parent.

Reasons that will not justify stopping time

Some reasons, however understandable, do not justify keeping a child from the other parent:

(a) the other parent not paying child support. Child support and time with children are separate. Unpaid child support is dealt with through Services Australia, not by withholding the children;

(b) the other parent being late to handovers, or difficult to deal with;

(c) a new partner you do not like, without more.

Keeping a child from the other parent in breach of an order can lead to a finding that you contravened the order, and to make-up time, costs or other sanctions. Even without orders, it can count against you when the court later decides the arrangements.

When safety is the concern

If you believe a child is at risk of harm, the position is different. Family violence, child abuse, serious drug or alcohol misuse, or untreated mental illness affecting a parent's care can all justify limiting or supervising a parent's time, or, in serious cases, stopping it.

If a child is in immediate danger, call the police on 000. Then get advice quickly. If there are orders in place and you hold the child back to protect them, a court will expect the step to be reasonable and to last no longer than necessary, so you should apply to the court promptly to change the orders.

What the court can order instead

A court rarely stops all contact between a child and a parent. Far more often it orders arrangements that protect the child while keeping the relationship, such as:

(a) supervised time, either at a children's contact service or with a person both parents accept, such as a relative;

(b) changeovers at a contact centre or another neutral place, so the parents do not meet;

(c) time that starts short and supervised, and increases as conditions are met, such as completing a parenting course or drug testing;

(d) communication only, by phone or video call, where face-to-face time is not safe.

Supervision can also be used to re-establish a relationship where a child has not seen a parent for a long time, even if there is no safety concern.

Applying to the court

Before applying for parenting orders, parents are usually required to attempt family dispute resolution and obtain a certificate from the practitioner. There are exceptions, including where there has been family violence or child abuse, or where the matter is urgent.

The Family Relationship Advice Line, 1800 050 321, gives free information about family dispute resolution and services near you.

Parenting disputes often run alongside the division of property and money. Those are separate questions with their own deadlines, and they can usually be progressed while the parenting arrangements are being worked out.

This article is general information, not legal advice.