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Every parent has visitation rights in Australia. Traditionally, the parent who had full custody of the child had all the decision-making authority, while the other parent had regular visits or get parenting time. We call this authority parental responsibility. This type of responsibility gives parents the right to have major long-term decisions for their child. It's important not to confuse this authority with "custody".
Back then, Australian family law presumed that both parents had equal shared parental responsibility. However, it was abolished, thus ending the presumption.
However, this does not diminish the fact that both parents must make significant decisions for their child's care, welfare, and upbringing. The Family Law Act 1975 makes it clear not to award one parent more visitation rights in Australia than the other. To add, the Family Law Act also states that each parent has equal rights to their child as long as it is in the child's best interests.
Let's Talk About the Child's Best Interests in the Family Law Act
The child's best interests is a family law concept that prioritises the safety of children in family law matters. If you look at Section 60CC of the Family Law Act, the conditions are quite simple for parenting arrangements that meet a child's best interests; the right to have a meaningful relationship with their parents and family members, and a safe space free from harm.
Courts will base from the legal principle when they make decisions on divorces with the help of the following factors:
- Arrangements that promote the safety of the child, including protection from family violence, child abuse, neglect, or other harm.
- Any views or wishes expressed by the child.
- The child's developmental, psychological, emotional, and cultural background and the ability of each parent to adequately meet these needs.
- The benefit to the child of maintaining a safe relationship with both parents and other significant people in the child's life.
- Any other matter deemed relevant to the child's particular circumstances.
The Federal Circuit and Family Court can assign an independent children's lawyer for cases like this.
Visitation Rights Australia: Potential Scenarios
Until today, there has been a negative judgment on a father's capacity to care for their children. For example, the father may not be proactive in caring for their children. Another misconception is that they do not know how to support their child's emotional, psychological, and financial needs. That's why some scenarios include the child living with the mother instead.
Recent findings from a research show that children prefer to live with their mothers instead of having shared care between both parents. Some reasons listed include the children's age and the parents' working patterns, as these significantly influenced the parents' decision-making.
Now, how does this translate for the father? In the end, a defining factor of a good parent is someone who is proactive, understanding, communicative, kind, and self-aware. Any parent can learn this and should have this if they have children. If the family court does not see these in a parent, then they may be prompted to lessen their parenting time.
Read: Visitation Rights For Fathers
How Do You Get More Time With Your Children?
Getting more visitation rights in Australia means getting to spend more time with children. As mentioned, a child's parents who want more visitation rights in Australia should willingly break bad habits and be more proactive in their child's life.
If legal disputes arise in visitation matters, it's not uncommon for solicitors to get in the mix. Solicitors need to know how much time and effort they actually put into caring for their children. Here are some important tips to stay updated on children's activities:
- Pay attention to your child during your visit.
- See the world from your child's view. They're still discovering the world, and they need their parents' guidance.
- Know their likes and dislikes
- Be a role model for your child
Visitation Rights and Mediation
Shared care arrangements need a parent's proactivity and willingness to communicate. For some families, new arrangements and regular care for the children may be agreed upon. Mediation can be beneficial for families who want proper agreements on parenting arrangements.
With mediation, both parents can obtain fair visitation rights in Australia. Parents who use mediation can help them get more information about their parenting plan even after separation. Additionally, this makes transitions easier for the children and improves trust and communication between parents.
After both parents have agreed on a parenting plan, they can enforce the agreement through consent orders. If both cannot agree, then they will have to get parenting orders.
Did you know? Any person concerned with a child's well-being can also apply for parenting orders.
Denying And Limiting Visitation Rights in Australia
Generally, visitation rights can not be denied in Australia. However, there are special circumstances where visitation rights can be denied. Denying visitation rights in Australia can be done when it is in the child's best interests to be protected. Here are instances where child visitation rights can be denied:
- If there is a history of domestic violence or family violence;
- Drug and alcohol abuse is involved or;
- If a parent has extreme mental health issues.
The court awards sole custody to a parent if these circumstances exist. However, awarding sole custody will depend on the best interests of the child. Any parent requesting this order will have to give a full report with credible claims. The parent seeking sole custody should present police reports, witnesses, statements, and evidence of the relationship's breakdown.
A parent may limit visitation rights if it is also in the child's best interests. This is, of course, subjective and debatable. For example, a parent may limit visitation rights if the other parent has been taking drugs. However, this does not necessarily mean that a child will be at risk in the care of that parent.
In extreme scenarios, a parent may have been taking excessive amounts of alcohol around the child, especially when driving. Now, this is a scenario where visitation rights can be limited or even denied. Denying and limiting visitation rights depends on a case-by-case basis.
How Does Supervised Visitation Work?
This type of visitation allows a parent to visit their child but requires someone's supervision. There are two ways to do supervised contact or visitation. Firstly, an independent person can conduct supervised visits. This ensures the child is in a safe and controlled environment when spending time with the non-residential parent.
Secondly, supervised contact can be done at a changeover from the residential parent to the non-residential parent. A supervisor will ensure the child is 'handed over' and 'handed back safely'. People who are eligible to supervise contact between a parent and a child include:
- Relatives;
- Babysitters;
- Close family friends;
- Supervised visitation centres or
- Qualified professionals.
This way, visitation rights are not completely cut off. In other circumstances, there may be a history of family violence related to the non-residential parent. Supervised contact will protect the safety of both the residential parent and the child from harm. Click here to read about the rules on supervised visits.
Our Family Dispute Resolution Service May Be Your Solution
Practising caution is a must when talking about visitation rights in Australia. Family disputes and relationship breakdowns can affect visitation rights as this can be harmful to a child. JB Solicitors is here to discuss with you how to arrange proper care and visitation arrangements for your family's well-being.
Our experienced family lawyers can help you determine your visitation rights, whether you're a residential or non-residential parent. Additionally, our lawyers can represent you in court if you opt to have sole custody of your child instead.
As mentioned, mediation can also help disputing parents who want to come to an agreement. Our mediation services can help parents seek an amicable agreement without having to go to expensive court procedures.
Contact JB Solicitors today if you want to know more about family law, children, and parenting responsibilities.
Contact JB Solicitors today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
