Before knowing how can a father take a child from the mother, it is worth noting that both partners have equal rights in seeing their child. To put it simply, both parents have equal child custody rights and no one is above the other. According to Australian law, both parents have equal responsibility towards their children as they would if they did not opt to separate.
The child’s best interest is always considered in these cases and having a meaningful and ongoing relationship with both parents is what every child deserves. The answer to the question of “can a father take a child from the mother” is that it is legally possible, however, there are various procedures involved.
Usually, a parent can have sole custody of their child when there are cases of abuse or lack of support for the child’s basic needs from the other parent. In this article, we’ll go into the factors of how can a father take a child from the mother and other underlying factors that can affect it.
Can A Father Take A Child From The Mother: Father’s Rights
It is only natural to be concerned about the child’s welfare and so the question of ‘can a father take a child from the mother’ is of importance to both the mother and father of the child.
A common issue is determining paternity because legally, stepfathers are not assumed to be the biological parent. Stepfathers usually have the burden to prove this as they have to prove their involvement in the child’s life like:
- Spending quality time with your child like taking them out or bonding with them in the household
- Being present at important events like their birthday parties and school programs
- Knowing their circle of friends and being involved in their social life
- Assisting in basic financial needs like housing, clothing, food, and school fees
- Listening and providing emotional guidance
Can a father take a child from the mother if they are unmarried? Definitely! Stepfathers have as many rights as married fathers. When children are at a young age, the mother has a strong natural tendency to be cared for by their mothers. This also reflects the social norm of fathers being the providers of the family and the mothers being the primary carer for the children.
However, in contemporary societies, this is not the case as a child’s relationship with each parent is equally essential for the child’s day-to-day life.
Australian Family Law considers two points in representing the best interests of a child. Here are the following:
- The child’s entitlement to have a fruitful relationship with both parents
- The child’s entitlement to be protected from domestic, emotional, mental, or physical abuse
If the child is subjected to abuse by a parent, they might be required to have supervised contact with their children, or worse; there might be certain restrictions imposed.
The court will likely provide shared custody orders for divorced parents if they have an amicable agreement to equally share the responsibility for caring for their child. Can a father take a child from the mother? It’s possible and there are a few factors that can affect shared custody for the child.
Denying Child Access To The Father
Neither parent has an exclusive right to dictate custody arrangements under their conditions, though they have the right to file an application for a parenting order if there are any disputes. Both parties are generally required to reach a compromise and come to a mutual agreement. Failure to achieve this can push the court to impose its own parenting orders.
One of the most heart-wrenching things for children is when a parent has to keep them from the other parent. While society believes that most children deserve to have a complete family, parents can still disagree and this made lead to a conflict that causes emotional stress to their children.
How can a father take a child from the mother if he is a threat to the child’s well-being? Traditionally, men have been seen as the more powerful and violent ones in our history, but even women can be guilty of this. Parental alienation is when one parent says negative things about the other parent in an attempt to win over the child or to even have a good relationship with the other.
How Can A Father Take A Child From The Mother Overseas?
There have been cases of international parental child abduction and this occurs when one parent or guardian takes their child from their home country without consent or knowledge from the other parent. A way to protect your child’s well-being and safety is to contact the authorities to assist you.
The Australian Federal Police (AFP) can be contacted for aid in placing a child’s name on the Family Law Watchlist. This system is utilised to help prevent the unlawful removal of children from Australia and this watchlist alerts the AFP of any potential attempts in children being taken out of the country.
If a child is taken to a country that is a member of the Hague Convention, the authorities in those countries can also assist the parent looking to have access to their child. Also known as the Hague Abduction Convention, this treaty ensures that children who are internationally abducted are to be returned to their habitual country the soonest. The convention also states that the retention of a child from its habitual country is lawfully wrong as it breaches the custody rights of a person.
JB Solicitors’ Legal Advice
To be more well-versed in knowing how can a father take a child from the mother, it is best to seek legal guidance from an experienced solicitor. What’s more, the chances of fraud, blackmail, and framing may be presented in court against the individual dealing with these types of cases.
Seeking legal advice with JB Solicitors can help ease the stress on matters like these with our experts on family law. Our fixed-fee prices save you from worrying about your financial matters and pave the way for focusing on your legal needs.
Contact JB Solicitors today