Cairns Divorce Lawyers | Family Lawyers

Child Custody Rights for Fathers

family lawyers | Preston Law

Family breakups are an upsetting and stressful time for all involved!  As a Father, it can be easy to feel like nobody cares about you and what you are going through during a custody dispute. In the past, we have seen many child custody arrangements where the Father gets to spend minimal time with his children.  A common scenario for broken families has involved allowing the Father to see his kids every second weekend.  However, more recently the court has been recognising the importance of the children having a relationship with both Mother and Father. 

 The Family Law Act outlines that a child has a right to be known and cared for by both parents.  The court aims to ensure that children can spend time with each parent as much as reasonably possible.

It is important to remember that The Australian Family Law Act does not specify men's right’s and women’s rights when considering child custody.  The only rights that the court considers are the Children’s rights.

Its all about the Children’s best interests

When considering Child Custody and parenting arrangements, the Court’s main concern is that the child is protected from physical or psychological harm, and that custody arrangements are in the child’s best interests.

There are a number of factors that the court will consider when determining child custody parenting arrangements.  The main consideration is what’s in the best interests of the children.

Fathers

  • In Australia, a Father has the same custody rights as a Mother
  • In considering child custody and parenting arrangements, the court only considers the children’s rights and best interests.
  • The Law states that the court must always consider whether a shared care arrangement would be appropriate and best for the child.
  • A child has the right to know and has a meaningful relationship with both parents, and this will almost always be the starting point for determining ongoing arrangements for the child after his/her parents separate, except when a child may be at risk of physical or psychological harm.
  • If shared custody cannot occur, then parents should have shorter and more frequent time with the children.  By having frequent time with the children, the court believes that the child will have a chance to develop and maintain a bond with BOTH parents.
  • If you are going through a separation or divorce and are concerned about the parenting arrangements or your custody rights, seek help from legal services such as Cairns Divorce Lawyers.

Seek legal assistance

Cairns Divorce Lawyer has been helping families in Cairns for years.  Don’t struggle alone, seek help if you need it! If you are going through a divorce or separation and need legal advice about your custody rights, contact the family law team at Cairns Divorce Lawyers

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