Can You Lose Custody for Not Co-Parenting?
The Family Court expect parents to support their child’s relationship with both parents wherever it is safe and appropriate to do so. A persistent failure to co-parent effectively can have a significant impact on parenting arrangements and may influence the Court’s decisions about a child’s future care.
Parenting disputes are governed by the Family Law Act 1975 (Cth). The Court’s primary consideration is always the best interests of the child, not the wishes or grievances of either parent.
Co-Parenting Obligations
Co-parenting involves parents working together to make decisions and support their child’s well-being after separation. While parents are not expected to be friends, they are generally expected to communicate respectfully, share important information about the child, and avoid behaviour that damages the child’s relationship with the other parent.
Examples of poor co-parenting may include:
- Refusing to communicate about the child’s needs.
- Regularly withholding information about schooling, health or activities.
- Repeatedly breaching parenting arrangements.
- Making negative comments about the other parent to the child.
- Attempting to alienate the child from the other parent.
- Unreasonably preventing the child from spending time with the other parent.
A single disagreement is unlikely to have serious legal consequences, but ongoing conduct that undermines the child’s welfare or relationship with the other parent may attract the Court’s attention.
Can You Lose Custody for Not Co-Parenting?
The term “custody” is no longer commonly used in Australian family law. Instead, Courts make parenting orders dealing with where a child lives, who makes major decisions, and the time a child spends with each parent.
Parenting responsibility can be displaced for not co-parenting in certain circumstances. The Court may reconsider existing parenting arrangements if a parent consistently demonstrates an unwillingness to facilitate a healthy relationship between the child and the other.
The Court may find that a parent’s behaviour is not promoting the child’s best interests if they:
- Repeatedly obstruct contact without reasonable justification.
- Ignore Court Orders.
- Engage in parental alienation.
- Create ongoing conflict that negatively affects the child.
- Refuse to consult on important long-term decisions affecting the child.
The Court may alter parenting orders to provide the child with greater stability and to protect their relationship with both parents where such behaviour is established.
How the Court Assesses Parenting Conduct
The Court considers a range of factors relevant to the child’s best interests when determining parenting matters. A parent’s willingness and ability to encourage a meaningful relationship between the child and the other parent can be highly relevant.
Judges often look at:
- Communication between the parents.
- Compliance with existing parenting orders.
- Evidence from family reports and independent experts.
- The impact of parental conflict on the child.
- Whether one parent is actively undermining the other parent’s role.
Courts recognise that some situations involve family violence, abuse, neglect, or genuine safety concerns. Limiting a child’s contact with a parent may be entirely appropriate and will not necessarily be viewed as a failure to co-parent.
What Happens if Parenting Orders Are Breached?
The other parent may apply to the Court for enforcement if a parent repeatedly fails to comply with parenting orders without a reasonable excuse. Depending on the circumstances, the Court may:
- Order make-up time with the child.
- Vary existing parenting orders.
- Require attendance at parenting programs.
- Impose financial penalties.
- Change the child’s living arrangements.
The Court’s focus remains on achieving outcomes that best support the child’s wellbeing and development.
Contact Us
If you are involved in a parenting dispute or are concerned about compliance with parenting arrangements, contact Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.
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Related Blog – Can a Separated Parent Take a Child Out of State?
