Divorce Guide

Divorce Guide


Fathers rights regarding Child custody in Australia


Men in Australia have a number of rights as Fathers. It is just very unfortunate that many of them are not aware of their rights as fathers. There are certain rights which every Australian man must know, as a father. This article provides you with the information that you can use to get your rights as a father.

Shared parenting

Shared parenting is usually followed in Australia. The basic idea behind this joint custody is that a child requires both the parents while growing. The parenting may be:

  1. Joint legal custody: The father may get joint legal custody of the child. The joint legal custody literally means that the father has legal right in taking decisions related to the child. The mother cannot oppose any of the fathers’ rights in this case. In case she does, she may have to face criminal charges. The father can take decisions regarding matters related to finances, insurance policies, or any other legal matter.
  2. Joint physical custody: The father may be awarded joint physical custody of the child. In this case, either of the parents gets to live with the child and the other one gets to share the child other half time of the child. One parent can be a week end parent or a holiday parent. The child stays with one parent during the week days and stays with the other during the holidays.

Fathers rights regarding sole Child custody:

Men in Australia have a right to take custody of their child. The courts in Australia are open to the idea of fathers having sole child custody. This is possible when the court considers the best interest of the child. The courts may award a sole custody or joint custody of the child to the father depending on different circumstances regarding the custody. The factors that determine the custody of the child are:

  1. Past parenting history of the father
  2. Financial status of the father and his capacity to take care of the child
  3. Past history of abuse, drugs, etc
  4. Opinion of the child
  5. Mother’s behavior (bad record)

The court tries to evaluate the capacity of the father to be a good parent. In case, it realizes that the father is more capable, responsible and well behaved to take care of the child, the father can be awarded the sole custody of the child.

Child support and fathers rights:

Every father has a right to support the child financially. The father has the right to supervise the support paid so that he can ensure better utility of the child support amount. Hr can ensure that the child support amount is used for the welfare of the child and not used elsewhere. There are various child support calculators in Australia.

Visitation rights of fathers:

Every father has a legal right to visiting his children. The Family law prefers joint custody of the child involved in divorce. In case, the mother gets the physical custody, it is the right of the father to get the visitation rights of the child. The visitation can be scheduled with the help of the courts.

Father’s rights are recognized in Australia. The Australian Family Law recognizes rights of Father for child custody, visitation rights, rights for child support and many other rights. You as a father should be aware of all these rights and use them to help your child grow up.


Divorce in Australia

Divorce Advice for Australians
Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
Post Divorce Advice
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