Can a parent stop a child from seeing the other parent?

23 September 2022

Being a parent is an emotional rollercoaster. Being a parent in the aftermath of a separation or when a marriage or civil union dissolves is another level. It’s tough going. The stresses of negotiating a relationship property agreement and separation agreement often pale into insignificance when it comes to issues surrounding the custody and access of children. 


It’s very normal to feel bitter, angry, and frustrated when a relationship fails. However, it is crucial the child or children’s best interests are at the forefront of your mind with every interaction you have with them and your ex.


In our role as family lawyers in Christchurch, we are often asked ‘can my ex stop me from seeing my child?’. There are typically three scenarios that provoke the question:


1.    The parents are no longer together, and the child lives with one parent. The parent with whom the child lives is actively limiting the agreed contact time between the child and the other parent.


2.    The parents have an agreement on visitation and contact time, but the child is unwilling to see the non-residing parent, who believes the other parent is encouraging the behaviour.


3.    The parents have an existing Court Order, but one parent is not complying.


To answer the question in short, the answer is no: legally a parent cannot stop the other parent from seeing their child. There are exceptions such as the child being abused or child abduction (in which case an urgent custody order application to the Family Courts must be made), or there is a Parenting Order made in the Family Law Court to the contrary.


What can you do if you are stopped from seeing your child or want to stop a parent seeing their child?

It’s important to seek early legal advice from a Family Lawyer, no matter which scenario above applies to you. It will save you time, money and stress in the long run.


Unless there is risk of harm to your child and if circumstances allow, Weston Ward & Lascelles strongly encourage clients to seek an alternative dispute resolution before even thinking about Court. A breakdown in communication amplifies emotions, so it’s incredibly helpful to identify and define the matters in dispute and discuss the issues constructively.


For example, if contact is restricted because a parent believes the other does not share their parenting courses skills, it can be an area of conflict. But if the parent is capable and does not endanger the child, the restriction maybe unjustified. The conflict can be resolved through parenting classes or financial agreement to moderate behaviour.


Be mindful that Family Courts recognise both parents play an important part in helping a child’s mental, emotional, physical, cultural, and social development. If an agreement can’t be negotiated. The Family Court will make decisions on the child’s behalf – sometimes their terms are not as agreeable to the parents as the ones proposed in mediation.


Weston Ward & Lascelles have extensive experience of helping our clients navigate the Family violence Law matters to achieve the best outcome for all parties, but especially for the child. Our Christchurch family lawyers serve our clients with a deep level of compassion, care and understanding. If you need some legal advice or wish to discuss your circumstances, contact us today. 

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10 Reasons to read and understand your Occupation Right Agreement before signing

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Moving into a retirement village represents one of life's most significant transitions, often involving substantial financial commitment and long-term lifestyle changes. In New Zealand, Occupation Right Agreements (ORAs) govern this unique form of housing arrangement, yet many prospective residents underestimate the complexity and legal implications of these documents. Ask yourself: would you ever sign a Sale and Purchase Agreement without a lawyer’s advice ? For most, the answer is an immediate ‘of course not.’ An Occupation Right Agreement ORA deserves the same level of care and due diligence, it’s just as significant, if not more so. As experienced property lawyers in Christchurch, Weston Ward and Lascelles have witnessed countless situations where inadequate understanding of ORA terms has led to disputes, civil litigation , and financial hardship – sources of avoidable and unnecessary stress for residents and their families. Seeking legal advice before you sign on the dotted line remains your best defence against unexpected complications. Don't let the excitement of finding your perfect retirement home cloud your judgment regarding this crucial legal document. Here’s how Weston Ward and Lascelles property lawyers help you: 1. Understand your visitor rights and restrictions Your ORA will detail specific provisions regarding visitors, including overnight stays, duration limits, and approval processes. Some villages impose strict restrictions on how long guests can stay or require advance notice or approval for extended visits. These limitations could significantly impact your social connections potentially limiting precious time with grandchildren or access to support during illness. It’s crucial these terms support your lifestyle. 
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10 Reasons why blended families need tailored wills

17 September 2025
According to Statistics New Zealand, one in every three marriages is a second or subsequent marriage. Blended families have become increasingly common across New Zealand and can be beneficial for both families. Parents can share responsibilities more effectively, and families often develop a strong sense of resilience as they learn to adapt together. These new structures can foster empathy, flexibility, and inclusivity, helping family members grow in ways that may not have been possible in a single parent setting. However, while the emotional and social benefits of blended families are significant, they also introduce layers of financial and legal complexity, particularly when it comes to estate planning. The merging of two families through remarriage or de facto relationships means the legal landscape becomes significantly more complex, requiring specialist legal advice to navigate successfully. Questions around inheritance, fairness between biological and stepchildren, and ensuring the security of a surviving spouse require careful forethought to prevent misunderstandings and future disputes. Here are ten compelling reasons why blended families must invest in professionally tailored will and estate planning . 1. Overlapping claims under the Family Protection Act The Family Protection Act 1955 places a duty on you to provide proper support for your spouse, children, stepchildren, and sometimes grandchildren. In blended families, this creates overlapping obligations that can result in competing claims against your estate. Without careful planning, your de facto partner could make a successful claim that reduces your children's inheritance. The Act doesn't clearly specify how much property you should leave to meet these obligations, so advice from wills and estate lawyers in Christchurch is essential to protect your wishes.