Fathers’ Rights to Children After Separation

Fathers Rights to See Their Child

There’s a common misconception that when a couple separates or divorces, the mother always gets custody of the children and the father can only see them over the weekend at best. 

This situation doesn’t always occur as courts take into account the:

• Child’s age 
• Child’s relationship with each parent
• Wishes of each parent 
• Wishes of the child (if they are old enough to express them)
• The physical and mental health of each parent
• Consistency of parenting care of each parent
• The ability of each parent to provide a loving, safe, and stable environment

Australian law dictates that both parties should play a part in the upbringing and wellbeing of their children without one party infringing on the rights of the other.

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The Bests Interests of the Child

Separating couples often have a hard time agreeing on the right provisions for their children as they go through a separation or divorce. Fathers often find themselves unsatisfied with the amount of time they are spending with their children and often resort to going back to the courts to change any existing arrangements.

During a dispute, the court always moves to protect the best interests of the child. They’ll impartially make decisions if the father and mother can’t arrive at a consensus even after the intervention of a family mediation service or divorce platform like Split Easy.

Split Easy can assist fathers to work out an agreed joint custody arrangement with their spouse, eliminating the need for acrimonious and expensive court applications or lawyers’ fees. 

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Shared Parenting Rights Are Also Important 

In Australia, the law rules that the child should receive benefits, love, and attention from both parents, advocating for shared parenting rights. Both the mother and father should at least have a 50% share of the child’s time.

The court also takes into account the safety of the child and is directed to keep them from physical, emotional or physiological harm. They also make sure that the child receives proper parenting putting into consideration factors like education, food, shelter, safety from abuse, and love from both parents. 

When courts determine the responsibility of both parents to care for their child, the future and wellbeing of the child are paramount.  

The Family Law Act of 1975 states that “a child has a right to be known and cared for by both parents.” 

Both parties hence have an equal part to play in the financial and emotional wellbeing of the child. Fathers living away from home can opt for all-weekend access or if the child is younger 2 hours every 2-3 days to help maintain their bond with their child.

Understandably, courts may grant full custody to the mother if the child is breastfeeding, for example. Some experts suggest that shared charge should not occur before the child is at least two years old, and even others say not before school-going age when the child is around 5 – 6 years old.

The only exceptions to fathers’ rights to see their child is if the court has ordered the father to stay away for the safety of the child, for instance, in defilement or domestic violence cases. 

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Final Thoughts

Separation and divorce is no walk in the park. 

Parents may be so involved in their difficulties that they may fail to understand the impact on their child and also forget their rights and responsibilities.  It’s, therefore, vital that you keep all your differences aside and focus on the long-term welfare of the child as you separate or divorce. 

Split Easy can assist fathers to finalise an agreed joint custody arrangement with their spouse, also helping the spouse understand fathers’ rights to see their child.

Learn more or call 1300 545 233 and talk to our experts to begin your separation and divorce proceedings, ensuring that they go as smoothly and amicably as possible. 

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