Can my ex stop me from seeing my children in Queensland?

A common and distressing scenario in family law is when one parent says, “I’m not letting you see the kids until you pay child support” or “I don’t like your new partner, so you can’t have them this weekend.”

Legally, children have a right to know and be cared for by both parents.¹ A parent generally cannot withhold a child unless there is a genuine safety risk.

If There Are No Court Orders

If you have no formal orders in place, neither parent has “custody” or superior rights. Both parents have parental responsibility.

• The Risk: If you withhold the child, the other parent may apply to the Court for a Recovery Order, involving the Australian Federal Police to return the child.
• The Solution: You should apply for Parenting Orders immediately to establish a clear schedule.

If There Are Court Orders

If Parenting Orders are in place stating the child spends time with the other parent, you must comply.

• Contravention: If you breach the order without a “reasonable excuse,” the Court can impose penalties, make-up time, or even jail time in extreme cases.²
• Reasonable Excuse: You may have a reasonable excuse if you believed withholding the child was necessary to protect their health or safety (e.g., the other parent was intoxicated at pickup).

When is Withholding Allowed?

The Court will only support withholding a child if there is an unacceptable risk of harm.³ Examples include:

• Physical or sexual abuse.
• Serious domestic violence.
• Drug or alcohol abuse affecting care.
• Neglect.

Disliking the other parent’s parenting style, new partner, or lack of child support payments is not a valid reason to stop contact.

Related Family Law Topics

• Parenting orders explained
• Is mediation mandatory?
• Family Law Practice Area

Immediate Legal Action

If your child is being withheld, or if you hold grave concerns for their safety and need to stop contact, you must act fast. Bell & Senior can file urgent applications to protect your children.

Urgent dispute? Contact our expert team immediately. Call (07) 5532 8777.