Divorce is already a challenging situation, without losing your precious children as well. Custody agreements (and court orders) in Australia overwhelmingly give mothers primary care of the children, and many fathers are lucky to have every second weekend with their children. At O’Sullivan Legal, we work tirelessly towards helping fathers receive custody, or at least a higher level of custody than normally expected.
While in theory the law states that the best interests of your children are served by spending meaningful time and having a significant relationship with both parents. However, in reality it is commonplace to see mothers spending the greater amount of time with the children.
This is usually the status quo because fathers usually receive custody for children on weekends, whereas the mother cares for the children during the week. On the surface this could seem fair and reasonable, however children (especially older children) have activities and commitments during the weekend and they would potentially rather spend time with their friends rather than their father. This could result in the father missing out on the small amount of time they have with their child.
When the mother is the primary caretaker (which is usual), fathers also reach a hurdle if she is required or would like to relocate to another city or country. The father can acquire a court order to stop the relocation, and if the mother still tries to move most countries have laws and procedures in place to deal with the dispute and an Australian court may be called upon to make a decision.
If the move is required for work, or another convincing reason, then the court may decide that it is in the best interests of the children for permanent relocation to occur and live with the mother full time, leaving the father to see them during school holidays. The father, on the other hand, usually has an awfully limiting chance of taking the children with them if a move is required – the only hope would be for the mother to agree.
If you are a father who feels ignored by the legal system, you can get in contact with us for assistance in child custody support. We are dedicated to helping fathers get fair custody arrangements. To ensure a reliable lawyer is on your side, please feel free to call us on 02 8079 5200 or email us.