29/08/2026
This surprises a lot of people, on both sides:
A parent can't lawfully withhold the kids from the other parent just because child support payments have stopped or fallen behind
A parent can't lawfully stop paying child support just because the other parent is making it difficult to see the kids
It's understandable why people feel like the two should be connected, "if you're not paying, why should you get to see them?" or "if I can't see them, why should I pay?" But the law doesn't work that way, and acting on that logic can put you in the wrong legally, regardless of who started what.
Child support is managed through Services Australia based on income, care percentages, and costs of raising the children. Parenting time is governed separately by parenting orders, agreements, or the Family Law Act's best-interests principles. If one side isn't working, the answer isn't self-help, it's addressing that specific issue through the right process.
If you're stuck in a standoff over money or time with the kids, it's worth understanding your actual options.
Disclaimer:
The information contained in this post is general information only and should not be relied upon as legal advice. Every matter is different. Please contact MCB Lawyers for advice specific to your circumstances.