This article will talk about fathers rights on overnight stays within the family law system. Some families might consider parenting arrangements where the child will live with both parents on an alternate basis due to separation or divorce. Hence, some fathers might wonder if their child is comfortable around them during visits and what are fathers rights on overnight stays.
It’s important that a child should thrive and reach his/her full emotional, physical, and psychological potential. One essential factor that can improve this is the quality of the child’s relationship with his/her parents. Another critical factor that can improve a child’s welfare and growth is parents’ willingness to work together regardless of their relationship status.
Is There a Golden Rule for Overnight Time With Children?
There is no golden rule on fathers rights for overnight stays with their children since every family relationship is different. So, fathers who want to visit their children may want to know if it’s in the child’s best interests to do so. Read on to know more about fathers rights on overnight stays.
Fathers Rights During Overnight Stays: What Does the Family Law Act State?
Some parenting arrangements may require children to have structured time so they feel secure. Meanwhile, older children may require unstructured time so they can enjoy quality time with each parent. According to Section 60CC of the Family Law Act 1975, children enjoy the right to have a meaningful relationship with their parents.
The Family Law Act (1975) states that children should also have a stable, calm, and loving environment where there is no presence or risk of family violence. Younger children like babies and toddlers typically require a primary carer figure in order to feel secure and comfortable. Do they naturally seek comfort from the mother, the father, or the grandparents?
Whoever the child is most comfortable with will determine who they will most likely choose to go to. Children who are constantly removed from their safe space or parent of choice will usually show signs of stress. These signs may include difficulty in settling, clinginess, or regressive behaviours.
The Attachment Theory
John Bowlby defined attachment as the act of seeking contact and an emotional bond with a person. This is evident in very young children who are developing an attachment to their preferred caregiver. Later, he expanded the discussion to include not only the child’s needs but also how the caregiver responds to them.
As a result, Bowlby began to apply the concept of attachment in interactions between parents and children. The attachment theory then evolved into a framework that explained the behavioural patterns of very young children in terms of security and insecurity. Bowlby’s theory also identified three types of attachment relationships namely:
1. Secure Relationships: This is where children are confident in the availability of their primary carer in times of need. Children feel secure around their primary caregivers if they are available when they need them.
2. Anxious-ambivalent relationships: This is where children are not sure of the responsiveness or availability of the primary carer.
3. Avoidant relationships: This is where such young children have lost all confidence in their caregiver’s ability to help them in times of need. Typically, this happens if the primary caregiver continually rejects the child when they’re seeking protection or comfort.
Parenting Plans
It’s important to consider the child’s psychological and emotional behaviours during custody matters. One way of managing this is to observe how the child behaves during visits from his/her parent. Another way is customising a parenting plan where the child will greatly benefit and both parents discuss fathers rights during overnight stays.
The more that parents argue about fathers rights during overnight stays, the more it will pose a negative experience for the child. While court proceedings can resolve this, courts generally require disputed parents to come to an agreement first. This not only promotes a healthier option for settling parental conflict but also enables parents to save time and money.
Advice On Fathers Rights During Overnight Stays
1. Focus on the Children
Fathers should remember that the purpose of the visit is for the children and not for them. They should not exaggerate their joy or sadness of seeing their child if they haven’t seen them in a long time. Instead, they should discuss what plans they have for the day or the weekend to let their young child know that they are prioritised.
2. Become Familiar With the Child’s Favourite Items
Fathers can ask the mother what to pack during their visit. It’s also good to ask why the child might have a certain attachment toward that item. They should also make sure that they take care of these items so the child can use them again. Some of these items might include:
- Toys
- Blankets
- Stuffed toys
3. Assist With Schoolwork
A very young child may occasionally ask for help with their assignments or schoolwork. Hence, it’s important that fathers familiarise themselves with their child’s schoolwork. Maybe it’s also a good idea for fathers to bring books and prepare websites that can help them in aiding their children with their schoolwork.
4. Have Other Family Members Around
Children may feel a bit stressed out when it’s the father’s first overnight. Thus, it’s a good idea if the father will bring other family members that the child is also comfortable with. Younger children benefit from having familiar people around them. This may help children feel more at ease and not feel isolated when fathers spend overnight time with them.
5. Be Present
This doesn’t mean just staying around and doing whatever the parenting plan says. It’s important that children have someone to turn to when they have emotional problems. Moreover, children need emotional development since they aren’t independent and will definitely need emotional support when they experience hardships. Children feel secure when they receive advice about their:
- Family relationships
- Future careers
- Emotional and psychological needs
6. Do Not Speak Negatively About the Other Parent
This not only makes fathers look like bad parents but also increases the chances of stripping fathers rights during overnight stays. It’s never right to assume or intentionally make one parent look bad. However, if fathers have credible evidence to support what they are saying regarding the mother, it’s advisable to seek family law advice from a family lawyer.
Choosing Shared Parental Responsibility
Shared parenting allows both parents to cultivate their relationships with their children. Hence, equal shared parental responsibility aids in the very significant development stage of children. It also provides an opportunity for parents to collaborate for the sake of their children’s best interests regardless of their relationship statuses.
Seeking Legal Advice With JB Solicitors
Fathers should make sure that they know the best interests of their children, regardless of how contested their family law matter is. Moreover, they should also strictly follow parenting plans, especially if they’re legally binding parenting plans. Fathers can also seek advice from JB Solicitors on how to spend overnight time properly.
Our Mediation Services
Our family lawyers can assist in modifying parenting plans for fathers who want more substantial and significant time for their children. We can also provide mediation services if ever disputed parents want to come to an agreement for modifying a parenting plan. This can help parents to save more time and money and focus more on what’s right for their children.
Contact a family lawyer from JB Solicitors today.
