Complex parenting and relocation matters

When parenting disputes involve high-conflict circumstances, having an experienced family lawyer who understands the nuances of Australian family law is essential.

Parenting cases can be extraordinarily complex.

Particularly if there are circumstances of family violence, neurodiversity, drug or alcohol addition, parental alienation or high conflict. Having someone provide you with strategic advice from the outset can make all the difference.

Parenting disputes are rarely straightforward, and the most challenging cases demand a practitioner who understands the full spectrum of issues that can arise. I have decades of extensive experience acting for clients in complex parenting matters involving family violence and coercive control, neurodiversity, parental alienation, drug and alcohol addiction, and high-conflict dynamics.

I understand that every family's circumstances are unique, and bring both sensitivity and tenacity to each case whether that means pursuing urgent protective orders, navigating supervised contact arrangements, or addressing the intersection of mental health concerns and parenting capacity.

I have acted for clients in cases involving the abduction of children both within Australia and overseas, including matters governed by the Hague Convention on the Civil Aspects of International Child Abduction. Whether pursuing the return of a child taken from Australia or defending a parent who has sought refuge here, I understand the urgency, emotional weight, and legal complexity these cases carry. My experience in international and domestic abduction matters means I am equipped to act swiftly and decisively when time is of the essence.

Not every parenting case calls for the same approach. Some require strategic litigation and a willingness to fight hard in court, while others are best served through therapeutic intervention, psychological guidance, and carefully considered recommendations.

Knowing which path is right, and when to shift course is critical. But beyond strategy, what often makes the greatest difference is who is in your corner from the outset: someone who will fight for you, stand with you, and ensure your voice is heard at every stage of the process.

Frequently asked parenting questions.

  • Sole parental responsibility is an order made under the Family Law Act 1975 (Cth) that gives one parent the authority to make major long-term decisions about a child's life, including education, health, and religion, without needing to consult the other parent. Courts may consider making such an order where there is a history of family violence, abuse, high conflict, or where communication between parents has broken down to the extent that shared decision-making is not in the child's best interests.

  • Time spend arrangements (formerly referred to as "custody" and "access") set out the schedule for when a child lives with or spends time with each parent. These arrangements can be agreed between parents or, where agreement is not possible, determined by the court based on what is in the best interests of the child.

  • Supervised time may be ordered when the court determines there is an unacceptable risk to a child's safety or welfare during unsupervised contact with a parent. This can arise in circumstances involving allegations of family violence, drug or alcohol misuse, mental health concerns, or where a parent–child relationship needs to be gradually re-established in a safe environment.

  • A relocation application is made when a parent wishes to move, either interstate or overseas, with a child, and the other parent does not consent. The court must weigh the best interests of the child, considering factors such as the child's existing relationships, the reason for the proposed move, and the practical impact on time spend arrangements,

  • The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to secure the prompt return of children who have been wrongfully removed from, or retained outside, their country of habitual residence. In Australia, applications under the Convention are heard in the family law courts and can involve complex jurisdictional and procedural issues requiring specialist legal experience.

  • Mediation involves a neutral third party (the mediator) who facilitates discussion between parents to help them reach their own agreement.

    Collaborative practice is a structured process where both parties and their lawyers commit to resolving the dispute through negotiation, without going to court. Both approaches aim to reduce conflict and empower parents to reach workable outcomes.

  • If your matter involves allegations of risk to a child, disputes over sole parental responsibility, proposed relocation, international elements, or if you are unable to reach agreement through negotiation, obtaining legal advice early can protect your interests and help you understand your options. Even if you intend to self-represent, an initial consultation or coaching session can provide valuable clarity and direction.

“My best advice to anyone who may be considering separation is to get legal advice early, and before you separate, if possible. This is where a lawyer can add the most value. A strategic plan at this stage can set the foundation for a positive outcome and, in many cases, avoid lengthy and costly court proceedings."

Monica Blizzard, Director KHQ Lawyers

Understanding parental alienation

Alienating behaviour refers to conduct that influences a child in a way that undermines, damages or interferes with their relationship with the other parent.

In 2019 I was asked to be involved in providing legal commentary for the book “Mum’s the Word: A Handbook for Separating Families.”

The book touches on themes of parental alienation, and while the Federal Circuit and Family Court of Australia is generally cautious about using the term “parental alienation syndrome”, the issue of parental alienation arises frequently in a family law context, and the focus of that litigation is on behaviours and the child’s circumstances and not the label itself. 

The terms we frequently use are “alienated” or “aligned” with regard to children involved in these disputes and “rejected parent”. The court’s focus is often on behavioural dynamics such as conflict, loyalty and enmeshment, coaching or brainwashing. 

Frequently asked questions about parental alienation.

  • Parental alienation describes behaviours that influence a child to reject, resist or become estranged from a parent without a legitimate reason. The behaviour may be deliberate or unintentional and can occur gradually over time. The result is often damage to the child's relationship with the affected parent.

  • Alienating behaviours can take many forms, including:

    • Speaking negatively about the other parent in front of the child.

    • Blaming the other parent for family problems or the separation.

    • Limiting or interfering with communication between the child and the other parent.

    • Encouraging the child to feel fearful, angry or distrustful of the other parent.

    • Excluding the other parent from important aspects of the child's life.

    • Allowing a child to make decisions that undermine a meaningful relationship with the other parent.

    Every case is different, and not all conflict between parents amounts to parental alienation.

  • Some common signs may include:

    • A sudden or unexplained refusal to spend time with you.

    • Extreme hostility or criticism that appears disproportionate to your conduct.

    • Repetition of adult language or allegations that seem beyond the child's understanding.

    • Refusal to communicate with you without a clear reason.

    • A noticeable change in the child's attitude following separation or increased conflict between parents.

    These signs do not automatically mean parental alienation is occurring. A careful assessment of the circumstances is always required.

  • Parental alienation can arise in a variety of family situations. Contributing factors may include:

    • High conflict separation or divorce.

    • Difficulties adjusting to the end of a relationship.

    • Unresolved anger or grief.

    • Mental health challenges.

    • The introduction of a new partner.

    • Ongoing litigation or parenting disputes.

    Often there is no single cause, and a range of family dynamics may be involved.

  • The Court will focus on the child's best interests and examine the evidence carefully. Generally, the Court will consider:

    1. Whether the child is resisting or rejecting a parent.

    2. Whether the rejection can be explained by the conduct of that parent.

    3. Whether the conduct of another parent or caregiver has contributed to the child's resistance or rejection.

    The Court does not simply accept allegations of parental alienation without supporting evidence.

  • Evidence may include:

    • Family report or expert evidence from psychologists and family consultants.

    • School records and evidence from teachers.

    • Counsellor or therapist reports.

    • Communications between the parents.

    • Evidence from other witnesses who have observed the family dynamics.

    • The parties' own evidence regarding relevant events and interactions.

    Independent professional evidence is often particularly important.

  • Yes. Where the Court finds that a child's relationship with a parent has been harmed by alienating conduct, it may make orders aimed at restoring and strengthening that relationship. The nature of those orders depends on the circumstances of the case and the child's best interests.

  • Potentially. The Court's primary concern is the child's best interests and maintaining meaningful relationships where it is safe and appropriate to do so. In some cases, the Court may order therapeutic intervention, increased time with the rejected parent, or other measures designed to repair the relationship.

  • In some cases, yes. Where the evidence demonstrates that a child's relationship with a parent is being significantly undermined and other interventions are unlikely to be effective, the Court may consider substantial changes to parenting arrangements. However, these cases are complex and highly fact-specific.

  • It is important to seek specialist family law advice as early as possible. Early intervention may help preserve the parent-child relationship, identify appropriate evidence, and explore both therapeutic and legal options before the situation becomes entrenched.

  • Australian courts recognise that behaviours which undermine a child's relationship with a parent can have serious consequences for the child. While the terminology used may vary from case to case, the Court can and does consider evidence of alienating behaviours when determining what arrangements are in a child's best interests.

  • You should seek advice if:

    • Your child has suddenly refused to see you.

    • You are concerned the other parent is undermining your relationship with the child.

    • Parenting arrangements are breaking down.

    • There are allegations of alienation being made against you.

    • You want guidance on protecting your relationship with your child.

    Obtaining advice early often provides the best opportunity to address concerns before the damage to the parent-child relationship becomes more significant.