In the case of child custody there is nothing more stressful to fathers than a lack of knowledge what rights they have to observe their child. We’re often being asked by fathers who are concerned if there are any legal rights whatsoever!
Oft, fathers were misinformed or deceived by their former partners, family members or work colleagues
The goal in this piece is to clear the air and provide fathers who are splitting from their children a clear understanding of their rights are with regards with their kids.
Father’s Rights to make choices concerning their child
In the Family Law Act, parents (i.e. fathers, fathers, and mothers) are entrusted with a positive and real responsibility to look after the educational, financial as well as medical requirements for their kids.
This is known as parental accountability. Every parent has parental responsibility.
If parents divorce but the responsibility of parenthood can be shared by parents or child custody can be substituted by what is known as equally shared parental responsibility.
That means that when couples divorce the couple is not able to take unilateral decisions on crucial matters (such as medical, education travel, etc.) without the approval by the parents of their children.
In order to make this process effective legal, the law places the obligation on parents who are separated to meet together and talk, brainstorm and tackle the most pressing issues with a child-centric approach. The aim is to ensure that parents reach a collective conclusion about what is the most suitable to their child custody lawyers.
Of course, this is much easier to do than said. Naturally, when parents split up, they will have different parenting styles, goals and goals to their kids. But fathers do have the right to participate in the decisions for their children.
Sometimes, the situation is so tense that parents are in such a conflict between themselves or are suffering from long-term conflicts and ineffective communication In these instances, the Court will assign only one parental obligation to one of them. One parent is responsible for all children. parent to decide on the long-term health of their children.
We represented the father of a girl who was 10 years old. He had split from his former partner after fifteen years of union. The ex-partner had decided, without consult with him, to enroll the child at the school which was located one hour away from the house where our client resided.
In this instance the client was advised to call the school to inform them of his concerns child custody . We made an application in court. We were successful in obtaining an order allowing our client to share the same parent responsibility. In the future, this would ensure that our client’s involvement in the decision-making process concerning the education of his daughter and other important issues.
Father’s Right to See their child
The law governing family law clarifies there is no way for a parent or mother is entitled to reside with or spend time with their child. talk to their child.
It is crucial to understand that your right be with, to talk with, and reside with is your child.
It may sound strange because a lot of us have experienced and have experienced parents not just being obligated to take care of us and take care of us, but also possessing rights over us.
However, in the event of divorce or separation, parents and fathers do not have the right to visit their children, and as stated, the right is reserved solely to the child.
Naturally, children would like to visit both parents, regardless of whether or not they are married or divorced.
In determining if it’s beneficial for child custody youngsters to be and live with, or even communicate with grandparents, parents, or any other family members from the extended family We must consider not just the rights of children to enjoy close and meaningful relations with their parents, but, also, and most importantly, the right to be secure and protected in their lives when living with, or spending time with or talking to any parent.
The law stipulates many aspects to be taken into consideration when determining the parenting plans of children.
This includes the current relationship a child has with their mother or father and, if old enough, what is their preference when it comes to spending time with, living in contact to their parent.
The reason children need fathers!
There is no need to be social scientists or an expert on relationships to understand that children do not just need their mothers to be part of their lives but, more importantly, their fathers as well. We know that children who are positive as well-balanced relationships are influenced by their fathers experiences:
- Greater levels of social and cognitive excellence
- Positive emotional regulation
- Positive self-esteem
- Positive interactions with peers and siblings.
- School performance is higher
Children who are raised with absent fathers or no contact with their fathers often feel an ache of longing and loss. Children who are missing fathers will look for father-figure examples in the adult relationships and might feel a profound feeling of disidentification that affects their happiness in the future.
Fathers have the right to ensure that their children are successful in their lives, to be successful and participate in the decisions that impact their future wellbeing and education. If you’re father who is going through divorce, the tips below will help you!
Tip No. 1
Make sure the bonds that you’ve developed with your children through many years won’t be lost in the event of split or separation. For fathers with young children, this can be quite normal, since they’ve had no time to bond or build an emotional connection with their child. There is no need to be worried. It is crucial to keep in mind your relationship is going to begin as the child grows ready – just be there at hand and willing to build the relationship.
Tip No. 2
If you do have time with your children, focus on them and refrain from involving them in the battle between their mother and you. Children cannot handle this, and shouldn’t be forced to. Children must be secure, safe and be able to have fun and take by you while they are in your care.
Tip No. 3
Be the most effective example to your children you can be. Don’t undervalue the importance of your influence and presence are in the lives of your children. To improve and learn after your break-up or divorce look into an education course on divorce to aid in healing and discover ways to connect and interacting with the person you divorced.
Divorce and separation especially where children are involved, can be emotionally and filled with legal complications. Every father has a right in giving a high-quality and caring parenting to their children.
If you require assistance or assistance, call us today at 61 2 8999 1800.
Pamela Cominos is the Principal of Cominos Family Lawyers. She is dedicated to protecting children from conflicts and is a tireless advocate for children who want to have a the most meaningful relationships and their family members.