LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Parenting Plan Mediation - Rights as a Father?

Discussion in 'Family Law Forum' started by Andrew Parkinson, 19 July 2014.

  1. Andrew Parkinson

    Andrew Parkinson Active Member

    Joined:
    19 July 2014
    Messages:
    5
    Likes Received:
    0
    Hello. I'm new to the whole legal system and all this family law. Have been separated with my ex for four years now. One child with disabilities. Been through mediation and I have been on parenting plan for over 12 months, expired now. No court orders or avo's etc. Keen to be a part of his life, trying not drag it through the whole legal system again. What rights do I have as the father and as to when and how long I can see him ( custody of children)?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Interestingly, a judge asked my partner and father of one this exact same question, and the answer is none - you have no rights as a father under the Family Law Act 1975. Only the child has rights.

    Those rights, however, are significant. Your child has a right to be cared for and spend time with both parents on a regular basis.

    This is by no means legal advice, but more of an FYI.

    First, everything - EVERYTHING - MUST be in the best interests of the child. "Best interests of the child" is a line you may want to get used to saying.

    Second, courts first consider whether or not shared parental responsibility is in the best interests of the child. This affects whether both, or just one of you, will make decisions affecting the long-term care, development and well-being of the child, such as schooling and religion.

    Third, where shared parental responsibility is found to be in the child's best interests, the courts then consider whether it is in the child's best interests to have equal shared time with each parent.

    Fourth, if the presumption of equal shared care is found not to be in the child's best interests, then the court considers whether it is in the child's best interests to spend substantial and significant time with the non-resident parent. This means a mixture of weekends, weekdays, holidays and occasions significant to the parent and child.

    The components that impact these decisions are things denoting 'reasonable practicability', like how far apart the parents live from each other, how well they can communicate, etc.

    Of course, it is best to avoid courts all together, but I provide this information because it be of assistance in your own mediation attempts. It may help develop a better objective and a better pathway to achieving that objective outside of court through negotiation. Just remember the magic words - the child's best interests.
     
    John R likes this.
  3. CathL

    CathL Well-Known Member

    Joined:
    19 April 2014
    Messages:
    156
    Likes Received:
    35
    Andrew Parkinson likes this.
  4. Andrew Parkinson

    Andrew Parkinson Active Member

    Joined:
    19 July 2014
    Messages:
    5
    Likes Received:
    0
    Thanks for the advice. Are these rights the same if the child cannot care or speak up for themselves?
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Yessir, all kids have a right to be cared for and spend time with both of their parents, provided it's in their best interests to do so. I guess the major complication will be the "best interests" component in circumstances where the child needs special care, but it *is* their right. Equip yourself to show that you have, can and will care for the child and you will raise your influence significantly.
     

Share This Page

Loading...