What are my rights as a mother in Australia? - Hayder Shkara

This is a more common question than you might think, and we get asked it all the time for a numr of reasons.

A mother may want to know, for example, how much time a father should spend with their child, or they might want more time with the child. Even sometimes there may be some worry of behaviour from the father, whether or not they pose a risk to their child or children.

It is important to understand the test that the court will employ in this case, which is to ask the question, "Is there an unacceptable risk to the child when in the care of one of the parents?"

There is a presumption in the Family Courts of Australia that it is beneficial for the child to spend time with both parents. You have to override that presumption, by stating and proving that there is an unacceptable level of risk should the child be with the father, and that is why we're considering withholding or reducing time with the father.

You want to talk to a professional, legal advisor before making any decisions on the next steps to take. Do not take any drastic actions before doing so, as you may find yourself criticised by the family court and it may backfire on you. You could also be subject to a cost order.

Read more about mother's rights in Australia.

If you need help, reach out to our websites, Justice Family Lawyers and Melbourne Family Lawyers.

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