27 Nov What Sort Of Factors Could Result In A ‘No Access’ Parenting Order
One of the pillars of family law is aiming for children to have meaningful relationships with both of their parents, but unfortunately, this is not always possible. In certain cases, where a parent poses a risk considered as ‘unacceptable’ to their child, a no access order may be made.
What Is A No Access Order?
A no access order will prevent the parent from having any contact or interaction with their child. While this may sound like your worst nightmare as a parent, it is important to remember that these orders are only made under extreme circumstances and when it is truly in the child’s best interest.
The main misconception that many people have surrounding this topic is that no access orders can be made for an absent parent, but the court usually does not favour this decision as they prefer to leave the opportunity for a relationship to be established at some stage.
As professional childcare lawyers in Australia, we provide some information regarding which sort of circumstances no access parenting orders are made.
When The Parent Poses An Unacceptable Risk
There are many cases in which a parent may pose an unacceptable risk to their child, especially where drugs and alcohol are involved. Other reasons for unacceptable risk may include domestic violence and mental illness. In the case of alcoholism and drug abuse, no access orders can be revoked if a parent shows that they have made significant progress in their sobriety journey.
When Interaction May Cause Significant Trauma
In certain cases, a psychologist or a psychiatrist may be able to determine that access to a parent may cause significant stress, trauma, and/or depression for the child or other parent. In these cases, depending on the exact circumstances, a no access order may be made.
When The Child Expresses That They Do Not Wish To Have Contact With Their Parent
Children aged 10 years old and older that strongly express their want not to have contact with one of their parents may create a situation in which a no access order is made. It is important that a child’s wishes are listened to, especially when they have strong reasons behind their wishes.
Do you have any questions regarding joint care and parenting under Australian law? Our professional childcare lawyers at Lapointe Family Law have the answers for you. If you are looking for family lawyers in Sydney, please don’t hesitate to get in touch with us.