When parents separate, one of the most sensitive and challenging issues is how the child will maintain a relationship with each parent. While full custody may not be possible or even appropriate for both parents, visitation (also called ‘parenting time’) plays a crucial role in ensuring children have ongoing contact with both their mum and dad.
Understanding child visitation rights in Australia can help separated parents create clear, workable parenting arrangements that prioritise the child’s best interests and avoid unnecessary conflict.
Here’s what you need to know about child visitation rights, how the law applies and what steps you can take to protect your time with your children.
Quick Overview: What Are Child Visitation Rights?
Child visitation rights refer to the right of a parent (or sometimes a grandparent or other significant person) to spend time with a child after separation or divorce. While there is no specific term ‘visitation rights’ in the Family Law Act 1975, the law does refer to parenting arrangements’ and ‘time spent’ with each parent. These arrangements can be made by agreement or ordered by the court if parents cannot agree.
The Law Focuses on the Child’s Best Interests
Child visitation rights are not about what parents want; it’s about what is best for the child. The Family Law Act states that the two main considerations are:
- The benefit of a child having a meaningful relationship with both parents
- The need to protect the child from physical or psychological harm
If there is no risk to the child’s wellbeing, the court usually supports the child spending substantial and significant time with both parents.
Who Has Visitation Rights?
While the most common visitation arrangements involve parents, the law recognises that other people may also play an important role in the child’s life. Visitation rights may apply to:
- Non-residential parents (e.g., the parent the child doesn’t live with most of the time)
- Grandparents
- Step-parents
- Other significant carers or relatives
Anyone concerned with the child’s care, welfare and development may apply for parenting orders, including visitation.
How to Arrange Visitation After Separation
When arranging visitation after separation, there are a few key factors to consider that can help guide your decision-making.
1. Mutual Agreement
Parents can agree on visitation schedules through:
- A verbal or written agreement (informal)
- A Parenting Plan (not legally enforceable but shows commitment)
- Consent Orders (filed with the court and legally binding)
2. Family Dispute Resolution (FDR)
If parents can’t agree, they are generally required to attempt mediation through FDR before going to court. If successful, the outcome can be turned into a Parenting Plan or Consent Orders.
3. Court Orders
When agreement is not possible, either parent can apply to the Federal Circuit and Family Court of Australia for parenting orders. These can specify:
- Who the child lives with
- How much time the child spends with each parent
- Handover logistics, holidays, birthdays and travel
- Communication by phone, video call or messages
What Does a Typical Visitation Schedule Look Like?
There’s no one-size-fits-all visitation schedule, but examples include:
- Alternate weekends with one parent
- Weekday visits (e.g., one afternoon or overnight each week)
- Half of school holidays shared equally
- Special occasions like birthdays, Christmas or religious holidays split fairly
Schedules should be age-appropriate and consider school, routines and distance between households.
Can Visitation Rights Be Denied?
Yes, but only in certain cases. If there is a risk to the child’s safety, the court may:
- Order supervised visitation
- Restrict contact to certain times or conditions
- Suspend visitation entirely if absolutely necessary
Grounds for restriction include:
- Family violence or abuse
- Substance abuse
- Mental health issues affecting safety
- Breach of previous parenting orders
The court must be satisfied that limiting time protects the child.
What Happens If Visitation Rights Are Breached?
If a parent refuses to follow court-ordered visitation:
- You can apply to the court for enforcement orders
- The court may order make-up time, fines or even jail in serious cases
It’s important to document missed visits and seek legal advice promptly.
FAQs – Understanding Child Visitation Rights in Australia
Do I need to go to court to get visitation rights?
Not always. If both parents agree, you can create a Parenting Plan or file Consent Orders.
Can my ex stop me from seeing my child?
Not without valid reasons. If there’s no court order and they’re withholding access unfairly, legal action may be necessary.
What if my child doesn’t want to visit?
The court may consider the child’s wishes depending on their age and maturity, but a parent cannot simply stop visits unless ordered by the court.
Can I get visitation if I haven’t seen my child in a while?
Yes. Rebuilding a relationship is possible, and the court can help facilitate gradual reintroduction if needed.
What’s the difference between supervised and unsupervised visitation?
Supervised visitation means a third party (e.g., family member or professional) must be present. It’s often temporary and used when safety concerns exist.
Why Choose Johnsons Law Group for Parenting and Visitation Matters?
At Johnsons Law Group, we understand how important it is for you to remain a part of your child’s life. Whether you’re trying to establish, enforce or modify visitation rights, our experienced family law team can:
- Guide you through the legal process
- Help negotiate fair parenting arrangements
- Represent you in court if needed
- Ensure your child’s wellbeing and your parental rights are protected
We’re here to help you build secure, stable arrangements that serve your family’s best interests.
Protect Your Parenting Time – Contact Johnsons Law Group Today
Visitation rights are more than just time on a schedule; they’re about maintaining strong, supportive relationships with your children. If you need help understanding or asserting your rights, Johnsons Law Group is here to help.
Call us on 02 9600 7277 or visit our Contact Us page to book a confidential consultation and take the first step toward protecting your parenting future.
