Technically, mothers' rights vs fathers' rights do not exist in Australia. The Family Law Amendment Act 2006 changed the emphasis from the parents to the children; the term 'shared parental responsibility' is now used instead.
Father takes a majority of custody
Based on information collected for the Australian Institute of Family Studies (AIFS), data from 2014 showed that 83% of child custody arrangements ordered a majority of (or complete) custody to the mother. In just 9% of cases, custody is split evenly between a mother and father.
In Australia, if you and the other parent cannot come to an agreement on custody, then either parent can apply to the court for a custodial order. Before making a decision, the court will need to be satisfied that such an order is in the best interests of the child.
This used to be called making 'custody' or 'contact' arrangements. These terms are no longer used in Australian family law. There is no rule that children must spend equal or "50:50" time with each parent.
Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.
Most people feel as though they look more like their biological mom or biological dad. They may even think they act more like one than the other. And while it is true that you get half of your genes from each parent, the genes from your father are more dominant, especially when it comes to your health.
Split Custody
Each parent has sole custody of one or more children, and the other parent has it for the remaining children. Split custody is the least common type of arrangement.
In Australia shared custody means that the non-residential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner usually pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. A child is legally a minor until he/she turns 18.
The father's rights after separation are equal in Australia, meaning, a father could have at least 50% time with their child. Both the mother and the father can make a parenting agreement or obtain a consent order regarding parental responsibility.
A mother could lose custody if the court decides that she is incapable of offering a secure and consistent environment for the children. Although unemployment may play a role in this verdict, it is not the sole determinant and does not immediately lead to the loss of custody.
There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent's ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child's best interests.
Can you withhold your child from their other parent? In Australia, you are required to comply with court orders regarding parental matters, and that will generally stipulate that both parties have access to a child. So, you cannot withhold your child from their other parent.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Even though women tend to win most custody battles, getting there can be tough.
Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution. Here's what to consider when negotiating child custody.
If your child is refusing contact with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your lawyer or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should spend time with their other parent.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
The fixed rate for child support periods starting on or after 1 January 2023 is $1,632 per child per year. If you pay the fixed rate for more than 3 children, we'll cap the amount at 3 times the fixed rate. If you pay the fixed rate to more than one person, we divide the amount between those receiving parents.
Where you have a private arrangement in place, salary packaging will not generally have any impact on your child support payments. Salary packaging may impact the amount of benefit you receive from Centrelink, and other financial payments such as Child Support.
Atypical 50/50 parenting schedules can work for some families. For example, some families may choose to alternate custody every two weeks. Also, some co-parents add a midweek overnight to a 4-3 schedule. The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks.
Joint Legal Custody
This is the type of custody the courts prefer to rule on, as long as it's in the best interest of the children. The benefit of joint legal custody is that the children get to grow up with equal influence from both parents.
A 2-2-3 schedule can work well for a toddler if the parents live close to each other. The following schedules can also work for a toddler: Alternating every 2 days schedule where your toddler alternates spending 2 days with each parent.