Parenting Through Divorce: Rights of Access to Children

The most common misconception in Family Law is that parents have a right to see their children. They don’t.

Seeing your children is not your legal right

Family Law does not recognize any right of a parent to see a child.

It does, however, recognize that a child has a right to have both parents and other significant adults in their lives. The law believes that children benefit from having important people in their lives as role models. This works in your favor when arguing for spending time with your own children.

It’s the everyday parenting that counts

It’s tempting to want all the ‘fun’ moments with your children, but parenting is a 24/7 job and meaningful, joyful relationships with your children are built as much around the breakfast table and the before-bed routine as they are on entertaining day activities or trips away.
The Law considers that a parent’s involvement should be in all aspects of their children’s lives, both the exciting and the humdrum. The Court therefore favors orders that provide for both weekday and weekend time with each parent.

The Court considers practicality

Again, all things being equal, a child should be able to spend equal time with both parents and have them equally involved in all the different aspects of their lives.

The time the Court will order has to be reasonably practicable. For example, travelling long distances to school may be neither practical nor in the best interests of a child.

The Court considers the child’s best interests

In the same way that you as a parent only want the best for your child, the Court’s decision needs to be something which is in the child’s best interests. For example, unacceptable risks of abuse or harm to the child would outweigh the benefit the child would have from the contact with a parent.

Relatives other than parents

If, for no very good reason, grandparents or other relatives are being excluded from the child’s life, the Court recognizes that it is of benefit for a child to have that person in their life and allows Applications to be made for orders to see children by grandparents and others.

Withdrawal of the right to see your child: a last resort

As the Law does not recognize a parent’s right to spend time with the children, Courts have the power to remove a parent from the child’s life if the child’s welfare requires it. However, the underlying belief that it is good for children to have contact with both parents, means this is a measure of last resort.

Child Custody Lawyers

Child custody lawyers Gibson & Gibson can help you resolve these issues. Specializing in family law for over 25+ years, they can assist you to manage the care of your child.