The court is legally obliged to consider the rights of children when making decisions about family law matters. This means that men and women have equal rights when it comes to family law in Australia.

That said, the court also considers both parents’ rights when making decisions about children. This is because they recognise that both parents have a role to play in a child’s life and that both parents should have a say in their child’s welfare decisions. The court will also take into account the rights of any other people who have a significant role in the child’s life, such as grandparents or other relatives.

The Family Law Act emphasises a child’s right to have a relationship with both parents. The court tries to make sure the child spends time with each parent as much as possible. In short, it is always about making the right and fair decisions rather than leaning towards a bias.

The courts have evolved to better understand the importance of children having a relationship with both their mother and father. In the past, it was common for fathers to only see their children every second weekend. However, the court now recognises that it is important for children to spend more time with their fathers, unlike before.

The Probability of Fathers Getting 50/50 Custody in Australia

The courts will often look at the ability of each parent to care for the child and provide a stable home life when deciding on custody. If one parent works long hours or frequently travels for work, the court may decide that it is not in the child’s best interests to live with that parent. The same goes for a parent with a history of drug or alcohol abuse, as they may feel that the child would be better off living with the other parent. Ultimately, the custody decision comes down to what the court sees as in the child’s best interests and will vary from case to case.

How about Shared Child Custody?

The court may also consider shared custody when deciding on child custody arrangements. The law does not require the court to make an order for shared custody, but the court may consider it if it is in the child’s best interests. The court will also consider if the proposal is realistic and if the parties will be able to communicate effectively.

That said, a few vital factors must be considered along the way:

1. Communication

The court is more likely to make an order for shared custody if the parents cannot effectively communicate the child’s daily care. This means that they must agree civilly in order to make decisions about the children’s schooling, medical issues, or other concerns. The court may not allow a shared custody arrangement if one parent is hostile.

2. Practical Issues

Some of the main practical issues that could prevent a court from ordering shared custody are if the parents live too far apart, if there is a history of domestic violence, or if one parent is significantly more capable of providing care for the child. Additionally, the court will also consider the child’s preferences and what is in the child’s best interest when deciding custody.

The Father’s Rights to See His Child

Shared custody is important because it allows both parents to have an equal role in their child’s life. It is important to note that the access parent should have as much time with the child as possible. The increased access times are to help maintain the bond between child and access parent.

Conclusion

There is no one answer to the question of who should have custody of a child when the parents are no longer together. Each situation is unique and must be decided on a case-by-case basis. However, it is important to understand men’s rights regarding child custody. They have the same rights as mothers when it comes to child custody, and they will always have the right to seek custody of their children.

If you are looking for well-trusted family lawyers in Redland Bay, look no further than our experienced practitioners here at Bickell & Mackenzie. We are a well-known family-owned law firm within the Redlands area, specialising in conveyancing, wills and estates administration, and family law. Call us today and let us discuss all your options with regard to your child’s custody.