VIC How Can Boyfriend Get Visitation Rights?

[Ellen Corboy]

Is it easy for the father of my child to get visitation rights though the courts? We are not together now and I'm just wondering what he would have to do to gain those rights.

 

[MartyK]

All rights, under Part VII of the Family Law Act 1975 have to do with the child's rights, not the rights of the parents.

Amongst other rights, and subject to certain circumstances, one of those rights (a high priority one) is the rights of the child to a meaningful relationship with both parents.

 

[Hayder Shkara]

Is it easy for the father of my child to get visitation rights though the courts?

Marty is right. The child has a right to have a meaningful relationship with both parents. Unless there are explicit reasons why the child shouldn't have such a relationship, the courts may grant the father visitation rights. However the process, time consumed and costs involved may be a deterrent for him to seek such orders.

 

[AllForHer]

I once watched a judge grant interim orders of five nights a fortnight to a father who didn't even make an appearance at Court, all in a two-minute hearing.

In short, it's very easy for a father to get time with his child through Court, because the law says children have a legal right to have a relationship with both parents.

 

[sammy01]

Dad doesn't even need to go to court - he can just pick up his child from pre-school. And why shouldn't he, after all he is the father of the child?

 

[MartyK]

I once watched a judge grant interim orders of five nights a fortnight to a father who didn't even make an appearance at Court, all in a two-minute hearing.

In short, it's very easy for a father to get time with his child through Court, because the law says children have a legal right to have a relationship with both parents.

Yes certainly could happen. Although most Judges would likely be reluctant to make such orders ex parte (unless there is case history) and would be more likely to adjourn.

In any event the underlying message we are all leaning towards is yes, yours and the father's child does have rights to a relationship with both parents. Except where this would not be in the child's best interest (Court determined).