If you are a recently divorced or separated father, you may wonder about fathers’ visiting rights. A big concern amongst newly separated or divorced fathers is that they will only get to see their children a minimal amount, or not at all. This is not a broadly applicable rule, and it will depend on your particular circumstances.
The purpose of this article is to shed some light on the most common myths and frequently asked questions surrounding visiting rights for fathers.
Visiting Rights For Fathers Compared To Visiting Rights For Mothers
A common misconception is that visiting rights for fathers are less than that of the mother’s following a separation or divorce. This misconception is not entirely untrue, however. Historically, the Family Court has had a bias in favour of the mother’s. However, in modern times this notion does not exist.
Some people are still convinced that the notion still exists because of their personal experience or the experience of a male friend or relative. However, this can be attributed to the stereotypical gender roles that are still present in even modern households. These gender roles are that the mother of the children will stay at home and take care of the home, do the cooking, clean, and, most importantly, look after the children. If a mother is doing these things – she is indirectly spending much more time with the children and forming a greater bond with them than the father. This bond formed is now a significant factor in favour of the mother having a greater degree of parental responsibility or custody over the children. However, what has not been considered is that if the roles were reversed in this scenario and all other factors were equal, fathers’ custody and visiting rights would likely be more significant.
Informal Agreements For Parenting Arrangements
If you and your former partner can informally come to a mutually agreeable decision regarding the parenting arrangements of your children, which encapsulate visiting rights for fathers, it would be ideal. This is because commencing litigation can be extremely costly and time-consuming.
It is always worth trying to pursue informal arrangements for these reasons. However, it is essential to note that mutually agreeable arrangements may not happen right away. A divorce or separation is an emotional time for people, so sometimes logical decisions and what is in the best interests of the children are clouded by the emotion and stress of the ordeal. Therefore it is recommended you consider giving the current arrangements a try for some time, and then try to discuss the matter again in the future with your former partner. You may also try having mutual friends or even a relative of yours or your former partners to reach out on your behalf.
Mediation Sessions For Parenting Arrangements
If visiting rights for fathers have been affected so greatly, an informal agreement cannot be made to rectify the situation. The next best course of action would be to pursue a mediation session with a neutral third party accredited mediator. Although you may wish to pursue the matter in a Courtroom setting, and you may feel as though a mediation session will be pointless – the Court will usually refer you back to a mediation session if you have not attempted mediation. The only exception to this is when one parent has a history of family violence or an AVO against them. Accordingly, the Court would not want to place the other parent in a position compromising their safety and wellbeing.
Court-Ordered Parenting Arrangements
If the mediation session did not resolve your matter, the next course of action would be to pursue the case formally in Court. Parenting arrangement proceedings will start based on equal shared parental responsibility. This means that the Court considers both parents as equals. Accordingly, It is up to the parent to give evidence to the contrary as to why they should have a greater degree of parental responsibility than the other parent.
The factors which the Court will consider in these arguments include the following:
- The need to protect the children from any psychological or physical abuse
- The benefits associated with the child maintaining a meaningful relationship with both parents in contrast to other factors
- The views and opinions of the child
- The child’s maturity and level of understanding
- How willing each parent is to facilitate an ongoing relationship with each other to organise and decide on matters relating to the child
- Any unique characteristics of the child and their needs
- The likely effect of any changes in the child’s circumstances, such as their living situation and separation from either parent
Importance of Seeking Legal Advice
When discussing matters such as visiting rights for fathers, it is crucial that if you are in a situation where the present parenting arrangements inhibit your ability to have a meaningful relationship with your children, you seek out the help of an experienced family lawyer.
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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