NSW Visitation Rights - Father's Legal Rights to See Child?

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26 December 2014
My son is having his visitation rights to see his child denied by his ex partner. There is no court orders in place except for mutual agreement (custody of children). However the mother will not agree to anything the father suggests. What are the legal rights under family law for a father to see his child when there are no family court orders in place?

Tracy B

Well-Known Member
24 December 2014
Hi Concerned Mother,

1. Is the mother complying with the mutual agreement?

2. Is the mutual agreement sealed with a consent order? If not, and the mother's conduct is not in line with the mutual agreement, your son can try having the mutual agreement sealed with a consent order. The effect of this is that if the mother continues to breach the mutual agreement, she will not only be breaching a private agreement but also a court order with far more severe consequences. To do this, your son will need to apply for a consent order with the Family Court.

3. Otherwise, if the parents cannot agree between themselves on a child custody agreement, your son will need to apply to the Family Court for a court order. Again, this will be with the Family Court.