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

Discussion in 'Family Law Forum' started by Concerned mother, 27 December 2014.

  1. Concerned mother

    26 December 2014
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    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?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    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.

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