Refusing to Co-Parent After Separation

Separation can be a challenging time for families, especially when it comes to co-parenting. Co-parenting requires both parents to work together to raise their children, despite no longer being in a relationship. However, there are instances where one parent may refuse to co-parent, creating additional stress and complications.

In New South Wales, the Family Law Act 1975 (Cth) governs matters related to parenting after separation. The Act emphasises the best interests of the child as the paramount consideration in any parenting arrangement. It encourages both parents to have a meaningful involvement in their children’s lives, provided it is safe, and in the child’s best interests.

The best interests of the child are determined by considering several factors, including:

• What arrangements would promote the safety (including the safety from family violence, abuse, neglect, or other harm) of the child; and each person who has the care of the child;
• Any views expressed by the child;
• The developmental, psychological, emotional and cultural needs of the child;
• The capacity of each person who has or is proposed to have the parental responsibility for the child to provide for the child’s developmental, emotional and cultural needs;
• The benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so; and
• Anything else that is relevant to the particular circumstances of the child.

Refusal to Co-Parent

When one parent refuses to co-parent, it can manifest in various ways, such as:

• Failing to communicate with the other parent about the child’s welfare.
• Not adhering to agreed-upon parenting plans or court orders.
• Undermining the other parent’s relationship with the child.
• Making unilateral decisions about the child’s upbringing.

If one parent refuses to co-parent, the other parent has several legal options:

1. Mediation: Before approaching the court, parents are encouraged to attend mediation to resolve their disputes. Mediation can help parents reach an agreement without the need for litigation.
2. Parenting Orders: If mediation fails, a parent can apply to the Family Court or Federal Circuit Court for parenting orders. These orders can specify the responsibilities of each parent and set out the arrangements for the child’s care.
3. Contravention Applications: If a parent breaches a parenting order, the other parent can file a contravention application with the court. The court can impose penalties, including fines or changes to the parenting order.
4. Family Dispute Resolution: This is a compulsory step before applying for parenting orders, except in cases involving family violence or child abuse. Family Dispute Resolution practitioners can assist parents in reaching an agreement.

Practical Tips

If you find yourself in the unfortunate situation where the other parent is refusing to co-parent, below are some helpful tips:-

• Document Everything: Keep records of all communications and incidents where the other parent refuses to co-parent. This documentation can be useful in court proceedings.
• Stay Child-Focused: Always prioritise the best interests of the child, even if the other parent is uncooperative.
• Seek Legal Advice: Consult a family lawyer to understand your rights and options. A lawyer can guide you through the legal process and represent you in court if necessary.

Co-parenting after separation can be challenging, especially when one parent refuses to cooperate. However, the legal framework in New South Wales provides mechanisms to address such issues, ensuring that the best interests of the child remain the primary focus. By seeking mediation, applying for parenting orders, and documenting incidents, parents can navigate these challenges and work towards a positive outcome for their children.

If you have questions about coparenting after separation, or about your divorce proceedings, speak with one of our experienced Sutherland Shire Family Law Solicitors on 8525 2700, click here to request an appointment, or click on the Book Now button below. Our experienced team of Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Nikita Ward
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