Can I stop my ex from introducing our children to their new partner?

It can be emotionally challenging but find out if you have any legal rights.

By Carolyn Devries, founder of not-for-profit law firm New Way Lawyers

Following separation, it is natural for you and your ex to want to move on and start the next chapter of your lives. However, when moving forward involves your ex starting to date other people or meeting a new partner this can be an emotional and challenging time.

For many reasons, a common response is often to want to prevent the children from meeting the new partner of your ex until the relationship is more serious or until a longer period has passed. 

Can I stop the new partner of my ex from seeing the children?

Generally, when children are in the care of a parent, that parent is entitled to decide who else is present and spending time with them. This is because decisions like this are considered ‘day to day’ under the Family Law Act and a parent can make these individually, without consulting with the other parent.

A parent doesn’t get to determine which adults are around the children once they are out of their care. When it comes to a significant other or new partner, this means it’s up to the dating parent to decide whether to introduce the new partner to the kids.

Are there ever grounds to prevent children from meeting a new partner?

If you are concerned about the children spending time with a particular person, under the Family Law Act the Court does have the power to make an order restraining a parent from bringing the children into contact with certain individuals.

This type of order is called an injunction. If you are concerned about the children being exposed to a particular individual there needs to be evidence that the individual’s conduct poses a risk to the children and it wouldn’t be in the children’s best interest to spend time with the individual. If there are concerns it is always best to get specific legal advice as a matter of priority.

A question for self reflection?

In reality it is often a case of being really honest with yourself and asking – do you have genuine concerns about the children’s safety and wellbeing around another person when they are with the other parent. Or is it simply an emotional response to your ex dating a new partner.

Separation can be a difficult time for everyone involved but there are a wide range of services that can provide support and help.

The above is not intended to be a substitute for legal advice. You should seek legal advice about your specific situation.

Founded by Carolyn Devries, New Way Lawyers is Australia’s first non-profit law firm.

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