If you are a father going through a divorce or separation in Australia, you may be concerned about father’s custody rights in Australia. The common assumption is that fathers have limited rights to see their children in contrast to mothers, and sometimes no rights at all. This is not true. This article aims to discuss the common areas of concern regarding father’s custody rights in Australia.
Equal Shared Parental Responsibility
The starting point of the court in determining parenting arrangement matters is ‘equal shared parental responsibility.
Equal shared parental responsibility means that when the court considers who will be responsible for the significant long-term decisions of the child. It also concerns where the child will primarily live and who will spend time with them. Both parents will be considered equally, as this is in the best interests of the child.
Several factors will influence whether the court will depart from the presumption of equal shared parental responsibility, which in the typical situation will unfortunately negatively impact fathers custody rights in Australia.
These factors are outlined below. It should be noted that these factors are not only applicable to the fathers custody rights in Australia, but also the mothers.
Time Each Parent Spends With The Child
This point, in particular, is a significant reason behind why a father’s custody rights in Australia are often viewed as less than that of the mother. This factor can be attributed to traditional household roles. The father is the breadwinner of the household, and the mother stays home and looks after the children and home. Clearly, in such situations, the mother will spend much more time caring for the children, developing a relationship with them, and bonding.
Where The Child Goes To School
Assuming both parents live separately in different residences, the practical distance from each parent’s home to where the child goes to school may impact the child’s primary residence.
The Views Of The Children And Their Relationship With Each Parent
Again, through no fault of the father, the father’s custody rights in Australia may be negatively impacted by the views of the child who may have a preference for the mother due to a stronger bond being formed with one another thanks to the presence of the traditional household roles mentioned earlier.
The Practicality Of The Situation
This refers to the factors which do or do not make it practical to facilitate a relationship with either parent. This can refer to anything, but more commonly, the distance between parents and each of their schedules.
Why Would The Court Award The Mother Sole Custody?
The biggest reason behind the court awarding the mother’s sole custody of the children in Australia is family violence. A mother may seek to apply for full custody of the children because the child is exposed to psychological or physical harm due to the father’s actions. This is not exclusively applicable to fathers and works the other way around. The situation is merely stereotypically, where the father is the aggressor, and the mother and children the victims.
Can The Mother Deny Me Access To My Children?
The mother of the children is not allowed to deny access to your children in the following circumstances:
1. Where you do not visit the children enough.
2. As punishment for you being late when dropping off or picking up the children.
3. To punish you for not paying child support.
If the mother is acting contrary to parenting arrangements set in place, which impede on your father’s custody rights in Australia, you should contact an experienced family lawyer. The only way the mother may cease or limit your contact with your children is to pursue the matter in court and get an order to that effect from the judge.
When Can The Mother Of The Children Deny Me Access To My Children?
The mother may deny you access to your children in only extreme circumstances, such as:
- To protect the safety of the child.
- Where they believe you are under the influence of drugs or alcohol.
- Where they believe you are experiencing severe mental health problems.
What To Do If My Children’s Mother Is Not Complying With Court Orders?
If the mother of your children is not complying with court orders, you should apply to the court, which states just that. The court may then penalise the mother for their breach, depending on the gravity of the violation. These punishments can include a good behaviour bond, monetary fines, community service and in the worst cases, imprisonment.
Importance of Seeking Legal Advice
When an issue arises impeding on your father’s custody rights in Australia, it is essential to note that you do not simply sleep on your rights. You should contact an experienced family lawyer today to discuss your particular circumstances and what recommended course of action to undertake.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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