Some people may wonder ‘what are fathers’ rights to see child’ on child custody matters. Can a father win custody of their children after divorce? The Family Law Act 1975 recognises fathers and mothers as essential people in a child’s life. Hence, the Act has laws that aid fathers in seeing their children even after divorce. According to Section 60CC of the Act, children have the best interests of:
- Having a meaningful relationship with their parents, siblings, cousins, step-parents, grandparents, and other relatives and;
- Being protected from family violence (physical or psychological harm), child abuse, or neglect
What Else Does The Family Law Act 1975 Say?
Indeed, there is a common misconception that child custody laws favour mothers and that they are defined as the primary carer. However, this is not always the case when talking about fathers’ rights to see child. The Family Law Act promotes equal shared parental responsibility among parents regardless of separation or divorce. Read on to know more.
Fathers Rights To See Child: Sole Parental Responsibility
The Family Law Act defines parents with sole parental responsibility as the primary carer who can make significant life decisions for their children. Take note that people with this type of responsibility don’t have to gain the consent of the other parent in order to make major life decisions. People with sole responsibility over their child can make decisions about their child’s:
- Current education and if they decide to change schools in the long run
- Health and if their children need surgeries and other major doctoral appointments
- Religious and cultural upbringing
- Name changes for adoption or other necessary purposes
- Living arrangements. However, there are limitations to this decision since the other parent may have a difficult time spending time with his/her child.
But how hard is it to gain sole parental responsibility for a father? The family court usually finds it hard to grant this type of responsibility because both parents should initially have equal shared parental responsibility. This responsibility makes it easier to give fathers rights to see their child or children because of equal care. However, courts may grant sole parental responsibility to one parent if equal shared parental responsibility is not in the best interests of the child.
Parenting Orders
A father may also go to court if he is in dispute with his spouse regarding parenting plan and other family law matters. The court may also issue a legally enforceable consent order if parents can reach an agreement. Parenting orders are any orders the court makes regarding children. Parenting orders may deal with the following:
- Who a child will live with
- How much time will the child spend with each parent
- Allocation of parental responsibility or who will have sole custody
- Means of communication with a parent they don’t reside with
- Any other issues relevant to the care of children like school or medical arrangements
The court’s first concern when issuing a parenting order is whether the proposed arrangements are in the children’s best interests. Courts may also make interim or temporary orders if it is critical to resolve a specific family law matter or if the situation is urgent. These are subject to change at any moment, either by consent or by order of the court before or during the final hearing.

Father’s Rights To See Child During Visitation
After divorce, fathers are left confused if they have father’s rights to see their child during visitation. Fathers rights enables them to visit and spend time with their children even after divorce and separation. However, both parents must plan visitation schedules carefully in order to avoid conflicts and make sure that the visitation:
- Won’t compromise the child’s time with his studies and time with the parent with sole responsibility over the child
- Will contribute to the child’s quality time with the father
- Won’t pose any threat of physical or psychological harm to the child
- Will greatly benefit the child’s emotional and psychological needs
- Time is spent wisely with the child
- Will prove the parental capabilities of the father
- Is planned thoroughly for the child’s safety and benefit
- Is in the best interests of the child
Supervised Visitation Due To Domestic Violence and/or Drug Abuse
There are instances where fathers’ rights to see their child or children are limited because of compelling reasons. Some fathers can only meet their children under supervision because they may have a history of domestic violence or drug abuse. Either a family member, a social worker, or visitation centres may handle supervised visitation.
Child Custody Case About Visitation and Custody Issues
In the case of Hulce and Chorley (2020), Mr Hulce (the father) seeks to uphold his rights and hasten his appeal against interim parenting orders made on May 18 2020. However, Ms Chorley (Hulce’s former partner) did not oppose this. The parenting orders relate to both the de facto partners’ children, Y and Z in this family law case.
Both Hulce and Chorley separated in 2020, and the mother moved to Victoria with the children in January 2020. The father submitted an initiating application on March 6, 2020, asking for interim and final orders as well as an urgent listing of his application.
The Father’s Request
Among other things, Mr Hulce asked for a recovery order that would require the kids to live with him or with their mother. This is if the mother was also ready to move back to Sydney. The mother had planned to relocate to Victoria, but would only return to Sydney if:
- It was in the child’s best interests to return to their former local area
- The children attend their former school since it is also in the best interests of the child
Ms Chorley also presented limited evidence of Mr Hulce’s acts of family violence, including physical and verbal violence. She also obtained an apprehended violence order against the father in Victoria. Furthermore, the mother also stated that she couldn’t return to Sydney because she:
- Cannot afford to live in Sydney
- Cannot secure employment in Sydney
Conclusion
The father made further submissions to support his appeal and fathers’ rights regarding the impact of the child’s living arrangements. Y and Z are still young and have undergone tremendous changes due to the relocation. The children have always lived with both of their parents in Sydney, where they attended school, even though the mother has always had primary custody.
He also claimed that his appeal will lessen the children’s subsequent emotional and psychological distress. Also, the courts didn’t see enough evidence of the father’s presumed allegations of family violence. The courts considered his appeal and his appeal to speed up the interim order was granted.

JB Solicitors’ Family Lawyers
In our highlighted case, the mother wasn’t able to provide enough evidence of the father’s domestic violence acts. Hence, the father gained father’s rights to see his child in Sydney. Even in extreme scenarios that involve domestic violence, courts will mostly always grant parents visitation rights. Courts rarely make no-contact orders.
If a parent has been violent, the family court may ask that parent to visit his or her child in supervised visitation centres. To summarise, family courts give utmost importance to parents’ rights in relation to visitation and access to their child.
JB Solicitors’ family lawyers can aid in divorce matters where parents are in dispute about parenting arrangements. To solve this, we have mediation services where both the mother and the father can reach an agreement about childcare arrangements.
Contact us today for more information about fathers’ rights to see child or children.