Two unmarried people have a child in the state of Florida 11 years ago. What to do if parenting orders are breached Fee41wut. The legal system is limited in just how it can deal with the scenario of a mother withholding a child from a father in Australia. I'm not sure where I stand legally so wondered if anyone could help, with where I stand with my daughter's father having access to her. The only rights in family law are the rights of children to have what is in their best interest. Can the mother with no legal custodial rights in place deny the father access to the child? If a mother continues to withhold a child from the father, you should file a court application requesting that a judge will choose what is the best arrangement for the child. All-encompassing, the act has 15 parts and is the main Australian legislation overseeing divorce and separation , parenting arrangements , property separation , and financial maintenance involving children of divorced or separated de facto couples. Grandparent rights aren't necessarily are thing nor are parenting rights. Now we deal with the issue of whether or not the mother of your child can arbitrary deny you from exercising your parental responsibilities and rights of care and contact. Generally, the Family Law Act encourages people to manage conflicts among themselves and to use legal processes as a matter of the last resort. Australia’s child custody laws fall under the Australian Parliamentary Family Law Act, 1975. If the father flies in and out on a 3 weeks on 1 week off type roster then obviously a shared care arrangement cannot work. If the mother doesn't make an appearance when the father of her kids is being reasonable and only seeking to be a part of his kids lives, the court will be left questioning I what the mother's motives are and if she is at all supportive and encouraging of their relationship with their dad. Before a father considers shared time as an option they need to consider how it can practically occur with current work commitments. Guest Posted on 16-04-2012 at 3.24PM . Can I refuse access to my daughter's father? Sadly, the ones who get hurt when one parent tries to alienate the other are the children. The child resides primarily with the mother but spends time regularly with the father who provides completely for the child financially and always has..(he is also listed as the father on the child's birth certificate). Should a mother feel that the father of her child should have limited rights and care to his child; in order for her to limit his rights, the mother should have a very good reason for doing so. Traditionally, this happens most often when women have the child full-time and try to deny the father access, but both women and men have been guilty of this. In saying this no 2 situations are the same and the arrangement can be tailored to suit the individual needs of the situation.
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