It is not biased towards either the mother’s or father’s rights but its primary concern is the interest of the child or children. Any parenting orders that are legalised determine the best interests of the child as the main consideration.
It is often thought that the mother has more rights than the father when it comes to child custody. In reality though, it might be that either one of the parents may be more suitable to have custody of the children.
The mother can never be absolutely sure if she will gain custody when a divorce has taken place, as the primary considerations do not favour one or other of the parents, as the best interests of the child come first.
Whether it’s by mutual arrangement between the two parents, or mediation has to be undertaken to come to an agreement, or taking the matter to court the outcome of child custody should ensure that:
Even though the Family Law Court has its specifications when it comes to mother’s or father’s rights to child custody they are open to interpretation and often parenting applications conflict so the Court has additional factors to use which are presented in Section 60CC (3) Family Law Act 1975
Some of these additional factors include:
If a mother believes she has not been treated fairly when finalising child custody arrangements, then legal advice and legal representation may be required before any Consent Order is signed.
Once a parenting consent order has been agreed upon by signature, it is legally binding and covers:
It is always preferable for the father and mother to come to an out of court arrangement for child care but this isn’t always possible so an application for a parenting order has to be submitted to either the Federal Circuit Court or the Family Court so that father’s and mother’s rights are upheld.