Sole custody in Australia still allows for frequent visitations with the non-custodial parent, unless the court finds that parent to be a danger to the child. The Family Law Act 1975 is gender-neutral, and does not make assumptions about parenting roles. However, current research disputes this. However, there can be legal ramifications in cooperating with a child's visitation refusal. A court is required to give greater weight to the consideration of the need to protect children from harm. The visitation is for overnight when her days off fall back to back. Melbourne: Australian Institute of Family Studies. Let's face it: No one can (or should) force children to visit with their parent if they don't want to. When you have a school age child, your child visitation schedule will need to accommodate his or her school schedule. Overnight visitation was traditionally not recommended for young children because separation from the primary caregiver was thought to result in regression or depression and eventually lead to separation issues and an inability to develop relationships. Before your child started school, you could be more flexible with your schedule as it only had to accommodate your work schedules. Very basic needs which were not being met adequately by the first parent.   Anytime children refuse to participate in a planned visit with their other parent, you should: Attachment & Human Development, 1, 2-33. Under Australian family law, children have a right to enjoy a meaningful relationship with both their parents, and to be protected from harm. Domestic travel by Australians covers both overnight travel and day trips within Australia. One case allowed 2 children (8 and 10 years old - sister & brother) to decide that they wanted to stop living with one parent and start living with the other because the other parent provided proper accommodation, took them to school, put shoes on their feet, and fed them as one would expect to feed children that age. Whether you are creating a visitation schedule for joint or sole custody, remember that the court wants to see generous visitation times for both parents, as long as it is in the child's best interest. The development of attachment in separated and divorced families: Effects of overnight visitation, parent and couple variables. 9). Problem is yesterday was her 1st overnight visitation with the kids since the order was placed, and when i dropped the kids off at the house, I noticed there is only 1 bed in the house( master bed)which my soon to be ex and her boyfriend sleep on. Smyth, B. Kids and Visitation Refusal . Parent-child contact and post-separation parenting arrangements (Research Report No. Overnight travel involves a stay away from home of at least one night, at a place at least 40 kilometres from home. (Ed.) (2004). Day visitors are those who travel for a round trip distance of at least 50 kilometres, are away from home for at least four hours and do not spend a night away from home.

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