AustraliaMy ex-partner is refusing to let me see my children. What can I do?
You can apply to the Federal Circuit and Family Court of Australia for parenting orders. If you already have orders and they’re being breached, you may file an application alleging contravention.
What the Law Says
Australian family law prioritises the best interests of the child and supports meaningful involvement from both parents — unless it’s unsafe. The Family Law Act sets out how parenting arrangements are made, enforced, and changed.
The Family Law Act 1975 (Cth) gives the Federal Circuit and Family Court of Australia (FCFCA) the power to make parenting orders about where children live, how much time they spend with each parent, and how decisions about their care are made.
If no parenting orders exist, either parent can apply for them under section 65D. If orders already exist and your ex is refusing contact, that may be a contravention under Part VII, Division 13B.
The court takes breaches seriously: a person who intentionally fails to comply with a parenting order without reasonable excuse may face penalties — including fines up to $4,000 or imprisonment — depending on the seriousness and whether it’s a first or repeated breach.
Statutory TextThe court may make a parenting order in relation to a child if it is satisfied that it is in the best interests of the child to do so.
— Family Law Act 1975 (Cth), s. 65D — Power of court to make parenting orders
Statutory TextA person who has been served with a copy of a parenting order must not, without reasonable excuse, contravene the order.
— Family Law Act 1975 (Cth), s. 70N — Contravention of parenting order
What to Do
Try family dispute resolution (FDR) first — it’s usually required before going to court, unless there’s risk of abuse or urgency.
Get a certificate from an accredited FDR practitioner if mediation doesn’t resolve the issue.
File an Initiating Application for Parenting Orders (or Contravention Application, if orders already exist) in the Federal Circuit and Family Court of Australia.
Serve the application on your ex-partner within strict timeframes — usually 28 days before the first court date.
Attend all court events and be ready to show evidence of attempts to communicate, prior agreements, or breaches (e.g., texts, emails, logs).
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.