‘No Access’ Parenting Orders
‘No Access’ Parenting Orders
❌ No Access Parenting Orders in Australian Family Law
🚨 Can a parent be denied all contact with their child?
Yes — but only when the Family Court finds that a parent poses an unacceptable risk of harm to the child, and no lesser restrictions (like supervised visits or drug testing) would adequately protect the child’s wellbeing.
📞 Need urgent advice? Call 1300 636 846 or speak to a family lawyer now.
⚖️ What Are “No Access” Parenting Orders?
A “no access” order is a parenting order that completely prevents one parent from having contact with their child. This includes:
- No face-to-face visits
- No phone calls or messages
- No contact via a third party
Courts only make these orders in exceptional cases, where the parent poses a serious physical or psychological risk.
🧒 What Does the Court Consider?
Under Section 60CA of the Family Law Act, the best interests of the child is the paramount consideration in all parenting matters.
Primary Considerations:
- The child’s right to a meaningful relationship with both parents
- The child’s right to be protected from harm, abuse, neglect, or family violence
🔒 Protection from harm always outweighs the benefit of maintaining a relationship.
🚩 What Counts as an Unacceptable Risk?
The court may find unacceptable risk when a parent:
- Has a documented history of family violence
- Abuses drugs or alcohol
- Has serious, untreated mental health issues
- Has engaged in threats, abduction, or dangerous behaviour
The court considers all circumstances — not just allegations — and may order psychological assessments, drug testing, or supervised contact before making a final decision.
🧾 Case Example: West v West [2015]
Facts: The father had a psychotic disorder, abused marijuana, and had been violent. He abducted one of the children, made threats, and claimed to be a prophet. He behaved aggressively throughout the court proceedings.
Outcome: The court found he posed an unacceptable risk and ordered no contact or communication with the children.
🧠 This case illustrates the court’s threshold for total denial of access.
🔄 Are There Alternatives to No Access?
Yes — courts prefer to maintain some level of contact, unless it’s unsafe to do so.
Common Court-Ordered Conditions:
- Supervised contact by a relative or contact centre
- Drug or alcohol testing
- Restrictions on contact with specific people
- Zero tolerance for domestic violence exposure
- No substance use around the child
✅ These measures aim to reduce risk while preserving the parent-child bond.
🤔 What If a Parent Has Never Been Involved?
Lack of past involvement is not enough for a no access order.
Even if a parent hasn’t met the child, the court may grant limited contact if there is potential for a meaningful relationship.
🧠 Can No Access Be Ordered Without Unacceptable Risk?
Rarely — but it’s possible. The court may deny contact when:
- A child psychologist or psychiatrist advises contact would cause serious trauma
- The primary carer’s mental health would be seriously harmed by contact
- The child (usually age 10+) strongly opposes contact and is supported by expert opinion
These cases require compelling expert evidence.
📞 Need Legal Help Getting a No Access Order?
If you’re concerned that your child may be at risk, or you’ve been denied access, you need tailored legal advice.
Call Go To Court Lawyers now on 1300 636 846 or request a consultation online. We offer same-day advice across Australia.
🧾 Summary: When Will a Court Order No Access?
| Situation | Will the court grant no access? |
|---|---|
| History of violence + current danger | ✅ Likely |
| Untreated psychosis or instability | ✅ Possible |
| Failed drug tests + unsafe home | ✅ Possible |
| Never met the child but no risk | ❌ Unlikely |
| Child strongly opposes contact + expert support | ✅ Possible |
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Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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