Fathers have rights in child custody too!
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If you’re a father and you’re wondering what your rights are when child custody and your children are concerned, this guide is a must read for you. We are often reminded throughout the many child custody cases demonstrated in family law that fathers overwhelmingly both love their children and want what’s best for them. Yet as much as we recognise the importance of fathers in a child’s life and development, the realities of being successful particularly in regard to being a primary child giver for their children is statistically concerning. This guide seeks to answer the most common questions fathers might have regarding child custody cases and to demonstrate that despite any number of obstacles, a father’s rights can be distinguished and upheld. If you need help, click www.forgelegal.net and we will bring you some clarity as to your best next steps moving forward.
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Table of Contents
01 02 03 04 05 06 07
Can fathers become primary carers of children in the family law system? How many fathers are successful in gaining primary care of children? How important are fathers in their children’s lives? What types of challenges do fathers experience during custody cases? What evidence did the father give in his defense? How did the court proceed with the father’s case? Fathers and child custody rights
01
Can fathers become primary carers of children in the family law system?
Yes, absolutely. In our experience fathers can definitely gain primary care and custody of children but there are a number of statistics that need to be examined and understood before going into the world that is child custody arrangements.
Of all the titles I’ve been privileged to have, ‘Dad’ has always been the best. - Ken Norton
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02
How many fathers are successful in gaining primary care of children?
On this very subject in October 2019 the Australian Institute of Family Studies undertook a study into parenting arrangements after a separation in relation to fathers. It was found that 3% of separated parents use Courts to determine parenting arrangements. Alarmingly of that 3%, arrangements where children spend most of their time with their father are more common in orders where legal action has occurred (around 10 - 19% of cases). Sadly, this study shows statistically fathers should be in Court if they wish to pursue primary care of children.
To the world you are a dad. To your children you are the world. - unknown
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03
How important are fathers in their children’s lives?
Very important. More than ever lawyers, advocates, counselors, psychologists and report writers are now speaking up and advocating for how important a role that father’s do play in a child’s life.
The heart of a father is the masterpiece of nature. - Antoine François Prévost
Many reports from psychologists, counselors and other Family Court experts agree (in most circumstances) an involved father promotes the inner growth and strength of a child, instilling a greater sense of self confidence in a child.
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04
What types of challenges do fathers experience during custody cases?
The following case and example demonstrates the success story of a father who through sheer determination and child focus was able to achieve shared care for his children despite a number of obstacles.
These issues included (but were not limited to) alleged domestic violence towards her and the children during their relationship.
This father was the primary income earner for the family while the mother and father were together. However, once the mother and father had separated, he did acknowledge that the mother had then cared for the children primarily. The father did argue that when the children were of schooling age they should transition to equal care between both mother and father. He was ready, willing and able to change his work schedule to accommodate the children but the mother did oppose equal care citing issues of risk in the father’s care. www.forgelegal.net
05
What evidence did the father give in his defense?
The father did acknowledge towards the end of the relationship, he was struggling with the constant conflict in the household usually around the differences in parenting between he and the mother. He was however, clear in that he had never perpetrated domestic violence against the mother. In saying this, he was not accusing her of lying but merely putting to the Court that perhaps her perception was skewed because of the conflict between them or that she was so embroiled in the conflict that she could not put aside her differences with him for the benefit of the children.
The father also gave evidence that his parenting style was different to that of the mother. Not that his was better or hers was worse or that one was right and the other was wrong, just that they were different. He went on to say that there was a reason he and the mother had separated and that it was unlikely that they would see eye to eye on most things but nevertheless he was willing to put aside his opinions of her as a person and communicate with her as the mother of his children.
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06
How did the court proceed with the father’s case?
The Court ordered that an independent expert undertake an assessment of the family and produce a report with recommendations as to what was in the best interests of the children moving forward. The conclusion of this report was that while the mother’s proposals and statements where centered around her distrust of the father, his proposals and statements revolved around setting aside his differences with the mother and working towards a coparenting relationship that would promote both their roles in the children’s lives. It was recommended that the children transition to an equal care arrangement once the youngest child was of schooling age as proposed by the father.
A father is the standard to which she will judge all men. - unknown
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07
Fathers and child custody rights
A take away from this particular case was the importance of leaving behind the skeletons of the past and remaining focused on the best interests of the children moving forward. Being able to show the Court that you are capable of distinguishing your feelings towards your ex-wife or ex-partner from their role as the mother of the children, will likely result in the conclusion that both mother and father are important and should be valued equally. Remaining neutral, impartial and child focused was the key even when it became an assassination of the fathers’ character. Our mission at Forge Legal is to empower people through the legal process. Emphasis on ‘people’, not mothers over fathers or vice versa, just people. The one sentiment that is almost certain is that all separated parents would agree on is that they want what is best for their children.
Use that platform as a parent to build on common ground and get to arrangements that work for both parents and the children.
Any man can be a father, but it takes someone special to be a dad. - unknown
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A note from Tracey McMillan, Forge Legal CEO
Education will best help you to save time and money. With education, we can move your matter forward faster and more effectively. With the knowledge of three law firms forged into one, we have a wealth of knowledge to share. And we do!
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