Not lawfully, without a court order or genuine safety concern, but that doesn’t mean it doesn’t happen. Withholding children, cancelling visits, or creating constant last minute excuses is one of the most common and damaging tactics we see during separation.
If there’s no existing parenting order or plan in place, the legal position is less clear cut, and this is exactly the situation where getting advice quickly matters most. If there is an existing agreement and your ex is breaching it, you may be able to apply for a recovery order, which can involve police assistance to return the children, or a contravention application if formal orders are already in place.
The longer withholding continues unchallenged, the more it risks becoming the unofficial “new normal,” which can be difficult to reverse later. If your ex is withholding your children or threatening to, don’t wait to see if it resolves itself. Early action protects your relationship with your kids before damage is done.
Book a free appointment with Melanie.
Get clear advice before you make decisions you can’t undo.