What are a mother’s and father's rights when It comes to their children?

When it comes to parenting matters, many people wonder whether mothers and fathers have different rights in relation to their children. In Australia, the law prioritises the best interests and wellbeing of the child, regardless of the parents’ gender. So, what does this mean when it comes to parental responsibility, time arrangements, and making major decisions for a child?

Under the Australian family law, both parents will generally share equal parental responsibilities unless a court orders otherwise. This means that both parents have the right to be involved in any major decisions about the child’s life, including education, medical treatment and religion. It is important to understand that equal responsibility does not automatically mean that both parents would have equal time with the child.

The law now refers to custody and visitation  as ‘lives with’ and ‘spends time with’. It is important to understand that this is separate to parental responsibility. When making orders, the court will always consider the child’s best interest. This includes emotional bonds, time spent with each parent, school arrangements, whether the parents fulfil their obligations towards the child and the child’s safety. The court has a wide discretion to make orders with the most common including:

• that the child lives far half the time with each parent,
• that the child lives with one parent and spend alternate weekend with the other parent
• that the child lives with one parent, but spends time (supervised or unsupervised) with the other parent.

When it comes to shared parental responsibility and decision-making rights, both parents are required to consult each other on major long-term decisions that they are making. Everyday decisions like meals and bedtimes, are usually made by the parent the child is with at the time. However, if parents cannot agree on major issues, the court may be forced to step in to make specific orders. These orders will be made in the child’s best interest and the matter that will be considered when determining the best interest is guided by Section 60cc of the Family Law Act 1975.

Australian law treats both mothers and fathers equally in terms of rights and responsibilities. The focus is always on what arrangements serve in the best interest of the child. It is always recommended to seek legal advice if you are unsure of your rights or are struggling to agree on arrangements.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.