What If the Other Parent Blocks Access to Your Child?

What counts as blocking access?

Access (sometimes called visitation) is the right of the parent without day-to-day care to spend time with the child. When the court decides child custody and access, both parents must follow the order.

Blocking access is when one parent deliberately stops the other from using that right. Common examples:

• not letting the child leave the house at the agreed time
• not being home for the handover
• cancelling visits with last-minute excuses
• moving house without telling the other parent
• telling the child to refuse contact

This breaks a court order and can harm the child’s bond with the other parent. Courts take it seriously when there is no good reason.

Can you apply for contempt of court?

Yes. You can file a committal application, asking the court to punish the other parent for disobeying its order. This is one of the strongest tools you have.

You must show that the other parent knew of the order and deliberately broke it. Messages, WhatsApp chats and witness statements help. The standard of proof is high, so good records matter.

If contempt is proven, the court can impose a fine, imprisonment or both. Courts often give a stern warning the first time and keep heavier penalties for repeat breaches.

Should you try mediation first?

Mediation can help. A neutral mediator helps both parents talk through the problem and agree on a fix. It is usually faster and cheaper than going back to court.

It only works if both of you take part in good faith. If the other parent keeps refusing access and will not cooperate, going to court is the better route.

Some courts encourage or require mediation before hearing enforcement applications, so check with your lawyer. Even if it fails, it shows the court you tried to settle things reasonably.

Can you ask the court to change the order?

Yes. If the arrangement is not working, you can apply to vary it. For example, you can ask for a clearer schedule, a fixed handover place, or conditions to prevent further breaches.

Under Section 96 of the Law Reform (Marriage and Divorce) Act 1976, the court can vary or cancel a custody order if circumstances have materially changed. Repeated refusal of access may count. If the blocking is serious, the court may consider moving care and control to the other parent.

You will file an affidavit (a sworn written statement) with evidence of each breach. The court decides based on what is best for the child.

How to record each denial

Keep a log every time access is refused: the date, the scheduled time, what happened and any messages exchanged.

Save every text, email and WhatsApp message about access. Do not delete cancellation messages. Screenshots showing the time are especially useful.

If you can, bring a witness to handovers. A relative or friend who saw you arrive on time can back up your account. Good records give your custody lawyer a much stronger application.

Looking to engage a divorce lawyer? Do not take matters into your own hands, such as taking the child without agreement. If you are being kept from your child and are unsure whether to try mediation or go to court, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.