Family law in Australia has evolved over time to consider the right's of separated father's to enjoy real-time with and input into the decisions made in the raising of their children. Regardless of this, in many cases newly separated father's in Australia are receiving the short end of the stick, so to speak. Why? because as in all areas of law, often the decisions come from unfounded accusations and here say conclusions! The legal system although just and free of corruption, is certainly not capable of determining an equal arrangement for parenting, due to deep-seated, generational emotional characteristics held by Mothers and Fathers in our community.
As a father wanting a fair share of input into the raising of your child/children and an equal share in where the child reside's, how do you go about getting court approval, if required?
Firstly and most importantly think logically, not emotionally! Yes your role as primary carer is gone, yes you will grieve in some way and yes you may feel resentment or even bitterness. None of these emotions will help your cause! So manage them but do not act upon them!
The biggest contributor effecting the outcome in family law, is the involvement of an A.V.O ( apprehended Violence Order) An 'AVO' will effect your right's to visitation no matter substantiated or not! and in many cases they are too expensive to fight! They are one area of the law where your belief in 'innocent until proven guilty' maybe challenged. Do everything to avoid one!
If your visitation is restricted by an AVO, it will not be considered an excuse by family law. The law will look at what level of care the child/s have had preceding your court date and make a decision regardless of your restriction.
In advising of the caution needed to avoid an AVO, let me point out that in many cases they are unavoidable. More than likely when your ex partner visits centre link she will discover that the highest pay ret she can receive is if you have no contact with the child/s.
This is where the logic comes into play! The bitterness and resentment brushed aside and a well constructed plan required.
1. Quit your job, you can survive on Government handouts like she can and her income reduced by you not paying child support.
2. Dont pay a solicitor to argue with her solicitor, argue yourself
Visit the school or daycare or sporting events as regularly as possible and apply through your local court every three months for a change in you parenting/court orders.
You will prevail if you do not abandon your children!
Hope this helps