Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
Her response is understandable as a concerned mother, but unwarranted as it was not the fault of the child's father, and I would assume that the child was properly restraint at the time.
If she refuses to give him any contact with the child, he has a right to file an application for a recovery order through the court or alternatively, as they do not have court orders he will need to go to mediation and if that fails to court.
You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is
You can find your closest one on there.
The web-site also have alot of useful information and links to assist you.
Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.
If you need to go to court then you will need to file an application in the Family Court or the Federal Magistrates Court
http://www.familycourt.gov.au and http://www.fmc.gov.au
She cannot just simply take the child away and refuse the child time with his father.
The agreement they have between themselves though it is not enforceable and the police will not get involved.
The legal position is if she refuses to allow the contact to continue then the recovery order is the quickest option for him to start seeing his son again.
The following link is generally for solicitors and what to consider when making such applications that will assist you to know what the court will consider in these applications.
Is there anything else I can assist you with?
Thanks, XXXXX XXXXX was properly restrained in the rear of the vehicle in a car seat.
We just wanted to know the process required to prevent this from happening should this be needed. We are hoping that it wont come to the above, and when the situation calms down, it will all be sorted amicably.
Appreciate your help and advice, and the links provided.
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
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