This is a question we get asked every day at Justice Family Lawyers. There are so many fathers across Australia who are either uninformed or misinformed about their rights as parents.
I will start off by saying that there is nowhere in the Family Law Act that makes a distinction between the genders of the parents of a child.
Basically, this means that there is nowhere stated in the Family Law Act of 1975 that the mother should be given X, Y, and Z and the father should be given A, B, and C.
Quite often, there is a lot of misinformation in terms of what fathers should be receiving, for example, how often they should be able to see their children, whether or not they should be allowed to see their children, or whether or not they should be allowed to make decisions that concern them.
Most frequently, fathers contact us with regard to spending more time with their children. Every case is unique, and what that time with that child should look like varies from case to case. It normally depends on the age and maturity of the child.
For example, in the case of a mother and father who live a considerable distance apart, it would be unrealistic for the father to say, "I want 7 days out of 14 days with the children," as the amount of travel would be unreasonable and it might not be in the best interests of the child.
If you want specific advice, we highly recommend that you speak with one of our lawyers, and we can quickly give you some more information about how much time you can spend with your child according to the law. It's incorrect to say that time spent with a father is somehow less than time spent with a mother.
In terms of responsibility, there is a presumption that both parents share equal responsibility for their child.
It's important to understand this and to be educated, so we recommend speaking to some of the best family lawyers in Sydney and Melbourne:
This is a more common question than you might think, and we get asked it all the time for a number of reasons.
A mother may want to know, for example, how much time a father should spend with their child, or they might want more time with the child. There may be some concern about the father's behaviour and whether or not they pose a risk to their child or children at times.
It is important to understand the test that the court will employ in this case, which is to ask the question, "Is there an unacceptable risk to the child when in the care of one of the parents?"
There is a presumption in the Family Courts of Australia that it is beneficial for the child to spend time with both parents. You have to override that presumption by stating and proving that there is an unacceptable level of risk should the child be with the father, and that is why we're considering withholding or reducing time with the father.
Read more about fathers' rights in Australia.
You want to talk to a professional, legal advisor before making any decisions on the next steps to take. Do not take any drastic actions before doing so, as you may find yourself criticised by the family court and it may backfire on you. You could also be subject to a cost order.
Speak to one of our family-friendly lawyers today:
Justice Family Lawyers
Melbourne Family Lawyers
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Jan 24 20232 mins