What If It’s Not Safe for Your Child to See the Other Parent?
How family law in NSW protects children when safety concerns like violence, neglect, or substance abuse are present.
When parents separate, the Court’s primary concern in NSW is always the safety and wellbeing of the child. But what happens if spending time with one parent could put your child at risk? Unfortunately, this is a reality in many family law cases, with issues such as family violence, substance misuse, neglect, or emotional harm needing to be addressed before parenting arrangements can be made.
If you believe it’s not safe for your child to spend time with the other parent, it’s crucial to understand how the Court responds, what evidence may be required, and what protective measures, such as supervised time or restrictions, can be put in place to keep your child safe.
Proving Risks to Your Child’s Safety
If there are risks to your child when they are spending time with the other parent, please tell us. You will need to properly evidence the risks. To do this, we will get instructions from you about what the risks are, and we will need specific details about incidents that have occurred.
To gather evidence – we may need to issue subpoena to police, DCJ, schools, psychologists. We may also need to ask the Court to order testing or reports such as hair follicle alcohol and drug testing or a Single Expert Mental Health & Risk Assessment report.
When there is risk to a child when they are spending time with the other parent, the Court may:-
- Order supervised time
- Place restraints and restrictions on the other parent when they are spending time (such as restraints from consuming alcohol)
- Order that the other parent can only spend time if they are engaging in courses or treatments
- Order that the parent must be abstinent or do certain things before they start spending any time
- Order that a parent spends no time, if the risks are simply too great.
80% of all cases in the Federal Circuit Court and Family Court of Australia contain allegations of Family Violence.
We understand that Family Violence is a real issue. If you have been a victim of Family Violence, it is important that you tell us.
If you or your children are in danger – we need to know as soon as possible. We know this can be difficult and we are here to listen without judgement, and can then put measures in place to try and protect you and your children.
If you are a victim of Domestic Violence or if Family Violence has been present in the relationship, it will likely impact the way your matter is run or the outcomes.
For example, if there has been domestic violence you may not: –
- be required to mediate with the other party
- be subjected to direct cross examination
- be expected to share parental decision-making or have contact with the other party
If you or your children are in immediate danger, call 000. If your spouse is threatening, stalking or scaring you, contact the Police. Or if you or your children have experienced trauma due to Family Violence, it is important that you all engage in counselling and mental health services.
Remember that you need to look after yourself and your children first.
It is also important that you document your experiences and if safe, keep evidence of any Family Violence. We recommend you keep a detailed diary of incidents and save text messages or emails that evidence abuse or controlling behaviours.
You should also avoid phone calls or face-to-face contact without a witness.
Have you been falsely accused of Family Violence?
Whilst Family Violence is a real concern, we also note that false allegations of violence occur from time to time. If you have been falsely accused of Family Violence, it can be devastating and can take a real toll. We are experienced in dealing with this and have been successful in assisting clients to disprove the allegations.
In the case of X, the mother made repeated false allegations about the father, and the Judge ordered that the children live with the father, because the mother was psychologically dangerous to the children, and because the mother could not prioritise the children above her own dislike of the father.
👉 To learn more in depth about property settlements in family law, read our Parenting Family Law Brochure.
Protecting Children Comes First
In NSW, the law is clear: a child’s safety and wellbeing always come before parenting time. If there are risks such as family violence, substance misuse, neglect, or emotional harm, the Court has the power to step in with protective measures, whether that means supervised visits, restrictions, or even no contact if necessary.
If you’re concerned about your child’s safety, it’s important to act early and get the right legal advice. Gathering evidence, understanding your options, and knowing how the Court responds to risks can make all the difference in keeping your children safe.
At Allwright Bourke Lawyers & Conveyancing, we provide clear, compassionate, and practical advice to help parents navigate these difficult situations. We’re here to listen, support you without judgment, and take the right legal steps to protect what matters most: your children. Get expert legal support today by reaching out to us at admin@allwrightbourke.com.au or give us a call at 1300 225 297 (1300 ABL AWS).