NSW Family Law - Legality of Agreement with Wife Regarding Child

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Well-Known Member
13 October 2015
I and my wife were separated for 11 months. I often come to her place to pick my child up every weekend (Saturday and Sunday). We will go to the court for parenting plan arrangement next month. Last weekend, she did not let me to pick up the child and I tried to ask then she only allow me to have my child for a few hours on Sunday.

I know that it is just an agreement between us and there is no legal hold over it. Now, I tell her I want to have to child for a week and she can have one week. What can I do? Is it legal under Family Law for me to come to her place or at child care to get my child back? Or any trick?


Well-Known Member
23 July 2014
Look, anything is legal while there are no parenting orders in place, but you're still expected to act in the child's best interests, which sometimes means making sacrifices so the child isn't exposed to high-conflict situations. Picking up the child without discussion with the other parent is very likely to lead to said conflict, and it would look bad for you if you did whatever suited you, without considering how it would affect the child.

With proceedings under way, both you and the mother will be under scrutiny of the court, so you must do everything you can to put the child's needs first.

From a legal perspective, you may be better off just waiting until the court hearing next month and requesting that orders for the child to spend time with you on a regular basis be made in the interim. By all means, I encourage you to continue trying to negotiate care arrangements, provided such negotiations are calm and assertive, rather than aggressive and threatening. If the mother continues to refuse, then it looks worse for her than it does for you.