Parenting arrangements for fathers in NSW are not based on automatic “rights” but are determined by what is in the best interests of the child. The core complication is that the law does not presume a specific distribution of time or parental responsibility.
The role of parenting plans
Under section 65DAB, the court is to have regard to the terms of the most recent parenting plan entered into by the parents. This consideration applies to the extent that the plan relates to the child and is in the child’s best interests. A well-drafted plan can often provide a useful baseline for future court orders.
Impact of adoption proceedings
The legal status of a child can be fundamentally altered through adoption. Under section 60G, if a court grants leave for adoption proceedings to commence, the child ceases to be a child of the marriage for the purposes of the Act. This change in status directly impacts subsequent parenting arrangements.
The legislative framework
Parenting orders are governed by the Family Law Act 1975, which is subject to ongoing amendments to refine how the court handles children’s matters. While the Act provides the overarching legal authority, the specific outcomes for a father depend on the unique facts of each case. The court focuses on the child’s needs rather than the parents’ entitlements.
The discretion gap
Because the court prioritizes the child’s best interests over parental entitlements, there is significant uncertainty in predicting specific outcomes. The legislation does not establish a fixed formula for spending time, leaving a wide margin for judicial discretion.
Questions to consider
- Is there a recent parenting plan that accurately reflects the child’s current needs and best interests?
- How do the proposed parenting arrangements specifically support the child’s wellbeing?
- Have any legal proceedings, such as those under section 60G, changed the child’s legal status?
This information is general in nature and does not constitute legal
advice. For advice specific to your situation, contact JB Solicitors.