Dads are rarely given shared custody – fact or fiction?
A common misconception about parenting arrangements post-divorce, is that fathers are never given primary care of their children.
This is not the case – there is absolutely no law, or even presumption in Australia, that mothers get greater access to their children than fathers.
As of May 2024, the court’s first duty is to “regard the best interests of the child as the paramount consideration”.
That means, what arrangements are best for the child’s safety – including being kept safe from family violence, abuse, and neglect.
Each case is considered individually, and for example, if a child is very young and still being breastfed by the mother, then obviously it makes sense for that child’s primary carer to be the mother.
In those circumstances, shorter more frequent visits by the father to help bond with their child would be best.
If a father has had very little to do with their child in the past, but now wants to be more present, that does not disqualify him from being able to build a relationship.
In that situation, the child may gradually spend more time with their father, unless there is a reason why that’s not ideal, such as the safety of the child or the other parent.
The myth that fathers don’t get equal time with their children after separation and divorce is largely due to traditional gender roles. However, as these roles change over time – many men are now stay-at-home dads – parenting arrangements are also likely to change.
Parenting arrangements can also be dependent on where each parent lives. Clearly if the parents live in different states, it’s not practical for the child to have 50 per cent of the time with each parent.
In that situation, the child would likely remain living with the parent nearest to their school and spend significant school holiday time with the other parent, with phone contact during the school term.
While not being able to see your children as much as you would like can be frustrating, it’s important to remember that things can change. As your child gets older, it’s easier for them to spend more time away from their primary carer.
It’s also important to remember that maintaining open, non-hostile communication with your child’s other parent is the best way to keep an engaged relationship with your children.
Need Assistance?
If you need help with separation, divorce, parenting arrangements or any other family law matters, talk to the experts at Michael Lynch Family Lawyers today. Call our office on: (07) 3221 4300 or email: [email protected]
