NSW Discussing with Child Possibility of More Visitation Time - Child Abuse?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Vinnie

Well-Known Member
13 October 2015
34
1
124
My ex and I currently have an interim order. The child spends 4 nights over a fortnight with me. My ex recently asked me to stop communicating with the child about spending more time with the child.

I sometimes ask my child if she would love to live with me and want to live with me more. Is such communication is unacceptable or considered child abuse under family law?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
It's not abuse, but the Court will most likely reprimand you for it if the other party raises it as an argument against your case because it shows a significant lack of insight on your part about the child's emotional needs and well-being. You're essentially manipulating the child and asking them inappropriately to choose between mum and dad. It's not the child's choice, either, so my recommendation is to leave the child out of it and hope your ex doesn't raise it in court.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
I sometimes ask my child if she would love to live with me and want to live with me more. Is such communication is unacceptable or considered child abuse under family law?

Definitely not a good idea, especially if your matter is in Court, and, your former partner is raising this as a concern. If there is a Family Report, these kinds of communications with children can be very negatively slanted against the offending parent. It is better for you to stop having such kinds of communications.