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QLD Family Court - Will Ex be Given Access to Daughter?

Discussion in 'Family Law Forum' started by mumof20814, 27 August 2015.

  1. mumof20814

    mumof20814 Member

    27 August 2015
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    My ex and I had final orders handed down and 8 months after that he walked away and has seen our 6 year old twice in 2 years. He is now saying he wants access again and threatening to take me back to family court to see her again. Can he do this? Will he be given access? My daughter does not like going to his house and this is what caused the visits to stop in the first place. He admits to walking away.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    If he has been granted time with the child in the final orders, then those final orders remain standing and it is your obligation to ensure the child is still available to spend time with the father in accordance with existing orders.

    Additionally, you will notice additional information attached at the back of the orders you have been given. It is important to note this information forms part of the orders, and holds that each parent must actively follow the orders, rather than just passively. It is expressly stated that each parent must encourage the child to spend time with the other parent, because realistically, they don't have a choice about it and neither do you, since orders are already in place.

    Your daughter is very young and a psychologist (and the court) would be unlikely to agree the child has independently determined that she does not like spending time with her father. Instead, it would be more likely found that anxieties about the child spending time with the father have been projected on to the child, which causes her to agree she doesn't want to see her father in case it makes you sad or angry. Psychologists hold that children in that age group are generally susceptible to the opinions of those they trust, rather than capable of developing their own.

    So, in short, if you refuse to both encourage and facilitate the child's time with her father in accordance with the existing orders, the father can certainly pursue contravention orders that may result in a change to the existing parenting orders and a bond against you.

    Similarly, there is a chance he won't be granted access, but I wouldn't bank on it.
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