Under the Family Law Act 1975, there is no presumption that both parents have equal responsibility for the long-term decision-making for their children after separation.
The law does not assume a preference for mothers or fathers. Instead, the paramount consideration is always the best interests of the child – including the child’s safety, stability and emotional welfare.
The family law system encourages both parents to remain involved in decision-making and daily care, where it is safe to do so.
Fathers’ Rights in Parental Responsibility & Decision Making for Their Child
Under the Family Law Act, both parents can share parental responsibility for major long-term decisions about their child’s life, unless the court orders otherwise. This includes choices about the child’s education, health care and religion.
In some cases, both the mother and the father are expected to consult each other before making such decisions (however this is not presumed). This is known as equal shared parental responsibility.
In other cases, however, if there are safety concerns such as family violence, the court can limit or remove one parent’s decision-making abilities to protect the child’s welfare.
The court is now more open to making parenting arrangements that are tailored to each family’s individual circumstances and the unique needs of the parents and children. For example, the court can order that one parent has sole parental responsibility for a particular issue (such as education), while shared parental responsibility continues to apply for all other matters.
Parenting arrangements & shared care
After separation, parents are encouraged to create parenting arrangements that reflect their child’s best interests. These can be made informally through parenting plans or formally through consent orders approved by the Federal Circuit and Family Court of Australia.
These arrangements outline how much parenting time a child spends with each parent, where the child lives, and how care arrangements work during school events, holidays and special occasions.
A parenting plan is flexible and can be changed by agreement, while consent orders are legally binding.
The presumption of equal parenting time
A common misconception is that fathers automatically receive equal parenting time or shared care. The court only orders equal time if it is practical, in the child’s best interests, and supports the child’s safety and emotional stability.
If equal time is not appropriate, the court may order that the child live primarily with one parent while spending time with the other parent. This might include weekends, holidays and regular weekday contact.
If the court determines that there are factors such as a history of family violence or high levels of conflict, it may consider suspending one parent’s time with the children or ordering supervised time if this is considered to be in the child’s best interests.
The court’s primary objective is always to protect the child’s welfare while supporting a meaningful relationship with both parents—provided it is safe and in the child’s best interests to do so.
Child support & financial responsibility
Both parents share financial responsibility for their child, regardless of who the child lives with. Child support is managed by Services Australia and calculated using each parent’s income, the number of nights the child spends with each parent, and other financial obligations, unless a private agreement is entered into.
This system ensures that both parents contribute fairly to their child’s education, housing, health and overall wellbeing.
Disagreements, dispute resolution & court intervention
When family law issues arise – such as disputes over care arrangements, false allegations, or one parent restricting contact – the legal system provides several options for resolution.
Parents are first encouraged to use Family Dispute Resolution or mediation to reach an agreement. If this is unsuccessful, either parent can apply for parenting orders through the court.
During court proceedings, judges will consider:
- The child’s relationship with both parents
- Each parent’s ability to provide a safe and supportive environment
- Any evidence of family violence or child abuse
- The importance of maintaining a meaningful relationship with both parents
- The practical impact of the proposed care arrangements
The court can make court orders about where the child lives, how parents spend time with the child, and how major decisions are made.
Protecting fathers’ legal rights
Many fathers feel uncertain about their obligations after separation, especially when dealing with complex family law matters. Australian family law recognises the role that both parents play in their children’s emotional and developmental growth.
Demonstrating involvement in daily care, school activities, and consistent communication with the other parent (that is positive and child focused) can strengthen a father’s position in any family law matter.
Legal advice should be sought immediately if one parent breaches a parenting agreement or court order. Family lawyers can assist in enforcing or varying orders, addressing false allegations, advising on your obligations, and helping to facilitate a resolution through the appropriate legal channels.
When to seek advice from a Family Lawyer
A parenting dispute can quickly become stressful. Speaking with an experienced family lawyer in Melbourne about parenting plans ensures you understand your obligations, your options for court intervention, and how to protect your relationship with your child.
Whether you are seeking shared care, clarification of visitation rights, or help responding to family violence allegations, early legal advice is key to achieving a fair outcome for your family.
Get help from our experienced Family Lawyers
If you are a father addressing family law challenges, the team at Tonkin Legal Group are here to help you reach a fair and practical outcome. We provide guidance on parenting orders, child support and legal protections to ensure your child’s wellbeing remains the priority.
Get in touch today to discuss your situation with one of our skilled and experienced Family Lawyers to discuss your situation and protect your rights as a father in Australia.