Withstand Family Law represents fathers in need for family law information and advice concerning their children after the separation.

Fathers who seek our advice are often anxious and under a lot of stress because they fear their time with their children will be severely limited. This is due to the general opinion that a mother will always get primary custody of the children.

However, this is not necessarily always true. Each family and thus each case is different, so if it can be argued that staying with the father, and not the mother, is in the best interest of the child, the court may decide in favour of the father.

The fathers of today are not passive bystanders when it comes to raising children. They are involved in decision making about the children, and spend quality time with them.

Research in social and developmental psychology has shown that it beneficial for the child to grow in the proximity of the father, as fathers’ affection towards children promotes their social and emotional development.

It is the case that most divorced fathers do not receive full custody of their children.

But here at Withstand Lawyers we do our best to enable fathers to spend as much time as possible with their children. We teach fathers about their rights and encourage them to ask for what they want in court.

The best interests of the child are what should be the primary goal to be achieved. The Courts encourage parents to make plans that align with this goal.

The Courts also emphasise that a child should maintain at least some form of contact with both parents, otherwise a potential for serious consequences for the child’s development may arise.

Withstand Lawyers have assisted our clients with a number of matters in the field of father’s rights. Some of these are the following:

  • Primary custody of the child
  • Disputes in child custody
  • Obtain visitation in case of visitation having been denied by the child’s mother
  • Obtain recovery orders from the court to locate the child and bring the child back to the father
  • Assist with the relocation of a child
  • Prevent the relocation of a child
  • Assist with determining weekend visitations and sleepovers
  • Help with making crucial long-term decisions for the benefit of the child

The main principle that the courts look at when determining child custody rights is 60CA of the Family Law Act 1975. The section advises that when determining custody rights, the Court must regard the best interests of the child as the key consideration.

Shared Parenting

Bearing in mind the best interests of the child, the court acknowledges that the children should have the benefit of a meaningful relationship to both of their parents. If the circumstances permit, a father can have a chance of at least 50% time with the child.

Another priority of the court is protecting children from any harm, physical or psychological. That means protecting children from abuse, neglect or family violence. Should there appear any allegations of domestic violence, it is crucial that you address them immediately and effectively. This may mean defending yourself in the court because you have been accused of being violent, or contesting an Apprehended Domestic Violence Orders.

The parents should provide adequate and proper parenting to their children to help them achieve their full potential. This is the main concern of the courts, and the courts want to see that parents are able to fulfil their duties and meet their responsibilities when it comes to the welfare, care and development of their children.

Here at Withstand Lawyers, we will help you find the best solution following the separation or divorce. Our experienced team is aware that maintaining relationship with both parents is generally in the best interests of the child, and you can rest assured we will enable the concerned father are included in the lives of their children.

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