Is it OK for me to withhold my children from my Ex?

The most important thing to remember as any parent, and just as much so in separated families, is that you must be proactive and protective should your children face a serious or significant threat.

You must protect them from any real potential harm regardless of whether there is a parenting plan in place, Court orders or simply an agreement between the parents in split family situations where care is shared.

So, yes you should withhold a child if there is a known risk that a child may be subject to or exposed to family violence, illicit drugs, neglect, possible injury or emotional/psychological harm.

What all parents need to know is that no Court or authority will look poorly upon a parent who acts in the best interests of a child under the above circumstances; but remember you will have to justify your actions if the other parent takes the matter up with a Court so hard evidence is good (such as emails, texts, doctors reports etc.)

If not, it can be a “he said – she said” scenario, and the Court may look down on a parent who withhold a child without good reason or evidence to back up their decision.

This advice is the same for acting unilaterally to make a major change for a child with respect to major long-term decisions, such as significantly changing where they live, changing their school or undertaking major surgery or similar. These are decisions that should be made together and in consultation with each parent.

Consequences for acting unilaterally or withholding children if the matter goes before a Judge range from either being supported by the Court if you have done the right thing to protect the children, to have the children recovered and taken from your care.

For more information, contact the Brisbane Family Lawyers team at James Noble Law for a FREE 20-minute consultation today to schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.