If your ex-partner is refusing to let you see your child, you might wonder if calling the police is an appropriate step.
In Brisbane, the police can intervene in some situations, but whether they will help depends on the specific circumstances.
If your ex is withholding access in breach of a court order, the police may assist in enforcing the order.
However, in most cases, disputes over parenting arrangements are better handled through legal avenues such as the Family Court.
Key Takeaway: You can contact the police if a court order is being violated, but most parenting disputes require legal intervention rather than police involvement.
When Can the Police Help With Parenting Disputes?
The police may assist if there is a risk to the child’s safety or a breach of a parenting order. Parenting orders are legally binding documents issued by the Family Court of Australia.
If your ex-partner is defying a parenting order, you can report the breach to the police. However, if there is no court order in place, the police are unlikely to intervene unless there are concerns about the child’s welfare.
In situations where the child’s safety is at risk due to family violence or other dangers, you should contact the police immediately. They may issue a domestic violence order (DVO) or take action to ensure the child’s safety.
Key Takeaway: The police can help enforce court orders or protect a child in danger but cannot resolve general disagreements about parenting arrangements.
What Should You Do If Your Ex Denies Access Without a Court Order?
If no court order is in place, the situation becomes more complex. Without a formal agreement or order, both parents have equal rights to the child. This means the police are unlikely to take sides in a dispute.
The recommended course of action is to attempt communication with your ex-partner to resolve the matter amicably.
If this fails, you may need to apply to the Family Court for parenting orders. These orders outline each parent’s responsibilities and the agreed-upon time the child will spend with each parent.
Key Takeaway: The police cannot assist without a court order, so legal advice and court action may be required.
Need a Lawyer?
How to Enforce a Parenting Order in Brisbane
If your ex-partner is not complying with a parenting order, you can file a Contravention Application in the Family Court.
The court will investigate whether the order was breached and determine the appropriate consequences.
Penalties for breaching a parenting order can include fines, changes to the parenting arrangements, or even imprisonment in severe cases.
Before taking this step, you may need to attend dispute resolution unless the situation is urgent or involves family violence.
Mediation services can help you reach a solution without returning to court, but if these efforts fail, legal enforcement becomes necessary.
Key Takeaway: The Family Court can enforce parenting orders and impose penalties for breaches, but mediation may offer a less contentious solution.
Understanding Your Legal Rights in Brisbane
In Brisbane, both parents generally share parental responsibility unless a court decides otherwise. This includes making significant decisions about the child’s upbringing, education, and healthcare.
However, parental responsibility is distinct from time spent with the child.
If you believe your ex unfairly restricts your access, you have the right to seek legal advice. A lawyer can help you understand your options and guide you through the process of applying for parenting orders.
Additionally, community organisations and family relationship centres in Brisbane offer support and mediation services.
Key Takeaway: Knowing your legal rights is important to navigating parenting disputes and finding a resolution that benefits your child.
When to Seek Urgent Court Orders
In situations where immediate action is required—such as when your ex has taken your child without consent or is endangering their welfare—you can apply for an urgent recovery order or an injunction.
These orders compel the child’s return or prevent your ex from taking certain actions.
It’s important to document all relevant details, such as dates, times, and communications, to strengthen your case in court.
You should also seek legal advice to ensure your application is handled correctly and promptly.