In Australian law, children’s custody matters are not governed by ‘mother’s rights’ or ‘father’s rights’.
We focus instead on what is in the child’s best interest.
Under the Family Law Act 1975, Australia’s child custody law (“parenting orders”), parents have rights and responsibilities for their children, regardless of their marital status.
To determine the child’s best interest, the court considers various factors, including the child’s views, their relationship with each parent, the effect of any changes, and their ability to provide for the child’s needs. Custody decisions are based on these factors, not the gender of the parents.
Even though the law does not outline specific mothers’ rights to child custody in Australia, understanding the practical realities and legal considerations that often affect them can be quite valuable.
If you are going through a divorce or separation and have concerns about your rights, it’s a good idea to seek legal advice from a professional family lawyer.
Each case is evaluated individually, with the child’s best interests at the forefront of any custody decision.
What Are the Mother’s Rights Child Custody in Australia After Divorce?
In the aftermath of divorce, a mother has several rights regarding her children, which she usually shares with the father.
It is the law in Australia to encourage shared parenting responsibilities when it is in the child’s best interests. Typical mother’s rights child custody in Australia after divorce include:
Right to Parenting Time
Unless there are compelling reasons against it, such as safety or welfare concerns, both parents have the right to spend time with their children. A parenting order will outline the specifics according to the circumstances.
Right to Consult on Major Decisions
A parent has the right to consult the other about major long-term decisions concerning their children, including educational, religious, and healthcare decisions. This is true even if the children live primarily with one parent.
Right to Financial Support
It is the responsibility of both parents to support their children financially. Non-custodial parents often pay child support to custodial parents.
Child Support Agency typically determines the amount based on the incomes of both parents, the number of children, and the amount of time the children spend with each parent.
Right to Information
Regardless of who has primary custody, mothers can access information about their children from various sources, including schools and doctors.
Right to a Safe Environment
In the case of family violence or abuse, protective measures can be taken to ensure the safety of the mother and child.
While these are general rights, the specifics can vary greatly depending on the situation. A court can restrict these rights if necessary for the child’s best interests. A court can limit or supervise a parent’s access to a child if serious concerns exist about the child’s safety.
A mother’s right to child custody in Australia after divorce also depends on the marital assets division. A separate legal process is usually involved, and factors like contributions to the marriage (financial and non-financial), future needs, and the aim to achieve justice and equity are considered.
Also read: How To Get Sole Custody Of Your Child In Australia
The Walker Pender Group recently championed a challenging case centred on Australia’s ‘mothers rights child custody’. Our client, a dedicated mother, found herself unjustly barred from accessing her children by their father post-divorce.
Our client desired to establish a shared parenting responsibility agreement, allowing her to partake actively in her children’s upbringing. However, the father’s obstruction created a significant hurdle. The Walker Pender Group swiftly responded by gathering evidence emphasising the mother’s role in the children’s lives and welfare.
Our legal team expertly navigated Australia’s Family Law Act 1975, underscoring its core principle: the child’s best interests. We advocated for our client’s right to shared parental responsibility, highlighting her ability to provide a loving, nurturing environment.
Ultimately, our dedicated representation resulted in a favourable outcome. The court granted our client shared parental responsibility, recognising her pivotal role in her children’s lives and restoring the balance of parental rights.
Facing A Child Custody Dispute In Australia?
Walker Pender Group is here to champion your rights.
Our experienced team will guide you through the complexities of ‘mothers rights child custody,’ ensuring your case is heard. Don’t navigate this journey alone.
Reach out to Walker Pender Group for expert legal support.
