Three facts you need to know about rights to your children

When parents decide to go through the difficult legal process of divorce, the issue of right of access to children arises. This is a very challenging aspect of divorce. When Court is deciding which parent will have the predominant right of access to their children, it considers a number of different factors. This article will go into detail about some of these factors, and what you can do to have the best chance of gaining access to your children.


  1. Your children have legal rights to see you, but you don’t

Among all of the misinformation out there, one of the biggest misconceptions when it comes to Family Law is that parents believe that they have the right to see their children. This could not be any further than the truth. There is a legal right, but it does not belong to them. Court will only recognise children as having the right to see their parents, not the other way around.

The Law firmly believes that children should have these important people in their lives, but only if they are exemplary role models who display an honest love and affection that will better the lives of the children involved. It is this point right here that is so crucial to family law cases revolving around children, because if you are able to argue the genuine care you have for your child, you will have no problem gaining right of access to your children.  You will need to be able to show the Law that you are a responsible and good parent.


Children have a legal right to see their parents and learn from them as a role model. Photo: Sergey Novikov, Bigstock.


  1. The Law prioritises the best interests of the child above all else

When the Court is deciding who will be given the right to see the children involved, they are only concerned with the welfare for the child. The decision will favour a parent who displays that they are able to take care of the child by providing them with a safe and nurturing environment. If the Court considers there to be a risk of any form, including abuse or harm coming in way of the child, they will prevent any access to the child.

If you are deemed an unworthy parent, the Court has the right to prohibit your ability to see your child. Specifically, they will withdraw any current rights or access you have to see the child and severe any contact you have with them in the best interest of the child.


  1. The Law will consider practicality

This is similar to the best interest of the child, but instead the Law emphasises that they will consider an environment that is of great practicality to them. For example, the Court will not be in favour of one parent who lives in an environment that hinders the child’s everyday life, such as much longer commute times or a lacking access to both public and private facilities.


Mike Smith
Mike Smith
Executive Editor at Best in Australia. Mike has spent over a decade covering news related to business leaders and entrepreneurs around Australia and across the world. You can contact Mike here.
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