Hi there. Your rights will depend on the type of parenting arrangements you have in place. If you have previously negotiated informal parenting arrangements with your ex-partner without going to court, you can simply renegotiate these arrangements if you want to change them. If you can agree on new parenting arrangements that give you greater custody of your child (or any other responsibilities), you should make a ‘parenting plan’. This is a written document that sets out the parenting arrangements you have agreed on (i.e. custody, visitation rights, etc). You can make this plan without having to go to court. However, this means that the parenting plan is not legally enforceable (i.e. neither parent is legally required to comply with the plan).

Another option is to obtain a ‘consent order’ from a court, which is essentially a legally binding version of your agreed parenting plan. A court will only approve a consent order if the parenting arrangements are in the best interests of the child. A consent order would make your parenting arrangement binding and legal action could be taken if one parent breaches the parenting order.

If you are unable to reach an agreement with your partner about parenting arrangements, you can apply to court for a ‘parenting order’. This is a court order that specifies who the child will live with, how much time the child will spend with each parent, the allocation of parental responsibility and any other aspect of the child’s care and welfare. The court will make its decision based on the principle that each parent has parental responsibility for the child until it reaches 18 years, and that the parenting arrangements must be in the best interests of the child. Both parents must comply with the parenting order made by the court. Penalties apply if a parenting order is breached.

The above options assume that you do not have an existing consent order or parenting order in place. If you do have one of these orders in place, you and your ex-partner are legally required to follow the terms of those orders. If you want to change the existing orders, you can apply to court for a variation. You would need to prove that there has been a significant change in circumstances (e.g. you have become seriously concerned for your child’s safety and welfare).

Finally, if you decide to deny your ex-partner access to your child, he has the right to apply to court for a parenting order that, amongst other things, gives him access to his child.

Suggested way forward

Parenting arrangements can be difficult to agree on, especially if the relationship has broken down. You should speak to a family lawyer about your options and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.