What is the level of risk required for a court to stop a Third person being present at the time of a parent-child visit?

The court has power to stop a third person being present during a parent’s time with a child.

A Family Court Judge did so in the case of Gardiner & Rivers [2014] FCCA 76, when it stopped the father from permitting his new de facto spouse being present at his time with the children of his former marriage. The de facto Wife had once drunkenly stabbed herself and falsely alleged that the de facto Husband’s former wife did it. The judge was concerned that there was some risk to the children by being exposed to the de facto spouse. He found the potential for harm by her to the children was a remote possibility, but granted an injunction restraining her from being present at the father’s time nevertheless.

If you have concerns about someone being present at your parent-child visits, then contact Rowan Skinner & Associates Lawyers. As Accredited Family Law Specialists, we have the right advice and can provide you with guidance in facilitating safe and secure parent-child visits.

We work as family lawyers in Carlton, Kew, Brunswick and many surrounding suburbs of Melbourne.

Rowan Skinner

About Rowan Skinner

Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.