Fathers have the same rights as mothers when it comes to accessing children. It is important to distinguish who is making decisions for the children and that the primary care of the child is consulted when one parent is seeking access to their child. How can a father win custody of his child?
Current legislation on fathers' rights in Australia
The current legislation presumes that each parent has equal shared parental responsibility with significant decisions concerning children's care, welfare and development. This presumption is rebutted where there is evidence of family violence.
Parenting time
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.
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.
In 45 percent of cases, the mother is given sole custody of the children. Only 11 percent of fathers will be granted sole custody. In 3 percent of court cases, courts order a no contact order against a parent. Only 3 percent of cases go to court.
There are therefore usually two situations in which a father would seek custody, the first being if the parties have separated and the father just wants to have the children with him, and the second being if the father has a genuine concern about the children's welfare when living with their mother.
Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.
If you have sole physical custody, also known as, the primary custodial parent, you can take your child away from the mother. However, if you do not have primary custody, it can be virtually impossible to take the child away from the mother.
On the national average, a female parent is granted around 65% of custody time, whereas a male parent receives around 35%. However, in recent years, more fathers have become custodial parents, with the percentage increasing from 16% in 1994 to 20.1% in 2018.
As a rule in most states, if the parents are not married, the mother is automatically given primary custody rights over the children. This means she has complete authority to make any major and minor decisions regarding her child's welfare.
In the event that the parents cannot agree on joint or non-joint guardianship, the court will decide who will have full custody of their child. In most cases, the court will ask both parents what they want if they cannot agree.
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.
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.
There are no set rules on how frequently a father can see his child and the arrangements can vary between: Custody of the child with the mother having contact with the child. Equal parenting with the child spending about half their time with each parent.
However, it remains a common misconception that mothers have more rights than fathers. In fact, if each parent has parental responsibility for a child, their rights and responsibilities are equal.
Factors a judge considers in a custody case
One likely reason that women are awarded custody at a higher rate than men is because of the aforementioned higher level of caretaking. This isn't necessarily based on gender bias; rather, it's part of an effort to avoid bringing too much change into a child's life.
The process of securing child custody against a narcissist is essentially the same as with anybody else. Both parents must either agree on a custody plan during mediation and take it to court to be approved, or they must fight over the specifics of their arrangement during litigation.
You would need to prove that you can care for the child much better than the other parent can. This not only applies to physical needs but also emotional, psychological and educational needs etc. The past is a big determinant of the future.
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
All fathers have a legal responsibility to financially maintain their child. This applies whether or not the father is a legal guardian or whether or not his name is on his child's birth certificate. Where a father is not paying maintenance the court can order that maintenance be paid in respect of his child.
Unless a court order says otherwise, parental responsibility creates an equal playing field between both parents, meaning both have the right to provide the child with a home.
By the age of two years, a monthly overnight stay might be possible, encouraged and supported by each parent and carefully monitored for any distress to the child, and leading to more frequent overnight stays during the latter part of this period.
Therefore, should the father unreasonably be refused care and contact, he can invoke the law. Should he decide to litigate, the court would assess the matter and make a ruling as to what is in the minor child's best interest. The court may agree with the mother, or the father, or with none of them.
Where parents are unmarried and separate, they can make provision as to the guardianship, custody and access to the child or children of the relationship. A guardian of a child has the right to be consulted on all matters affecting the upbringing of the child, for example, signing passport forms.