Fathers’ Rights in Australia: Understanding Custody and Parenting Arrangements
It’s one of the most common questions we hear from separated dads:
“Do fathers have rights to see their children?”
The short answer is yes — but the law doesn’t talk about “rights” for parents. Instead, the Family Law Act 1975 focuses on the rights of the child — and the responsibilities both parents share to meet those needs.
At Wallen Family Law, we help fathers across Wollongong and NSW understand how parenting arrangements are decided, what “equal shared parental responsibility” really means, and how to stay actively involved in their child’s life after separation.
1. There Is No “Mother’s Custody” or “Father’s Custody” in Australian Law
Australian family law no longer uses terms like custody or access. Instead, it refers to “parental responsibility” and “time spent with each parent.”
Both parents are presumed to have equal shared parental responsibility, meaning they must consult one another about major long-term decisions — such as education, health care, and religion — unless the Court orders otherwise (for example, due to safety or family violence concerns).
2. The Law Starts With the Child’s Best Interests
Under section 60CA of the Family Law Act, the best interests of the child are the paramount consideration.
The Court looks at two primary factors:
1️⃣ The benefit of the child having a meaningful relationship with both parents; and
2️⃣ The need to protect the child from harm, including family violence or abuse.
When those two factors conflict, protection from harm takes priority.
3. Equal Shared Parental Responsibility ≠ Equal Time
Many fathers believe that equal shared responsibility automatically means 50/50 time — but that’s not the case.
If equal shared parental responsibility applies, the Court must consider equal time, but it isn’t automatic.
The arrangement must also be reasonably practicable and in the child’s best interests.
In practice, the time a child spends with each parent depends on factors like:
The child’s age and developmental stage
Each parent’s ability to meet daily needs
Work commitments and distance between homes
The level of communication and cooperation between parents
Sometimes, a gradual increase in time is appropriate — especially for infants and toddlers — until overnight care becomes suitable.
4. When Fathers May Have Reduced Time
There are cases where the Court may limit a father’s (or mother’s) time with a child. This usually happens when there are genuine concerns about:
Family violence or abuse
Substance misuse
Mental health concerns affecting parenting capacity
Poor communication or high conflict between parents
Even then, the goal is often to preserve the relationship safely, through supervised visits or supported transition arrangements.
5. Fathers and Parenting Orders
If parents can agree on arrangements, they can:
Record them in a Parenting Plan (informal), or
Formalise them through Consent Orders (legally binding).
If there’s no agreement, a father can apply to the Federal Circuit and Family Court of Australia for Parenting Orders. The Court will then consider evidence from both parents, expert reports, and the child’s best interests before making a decision.
6. Fathers and Young Children
For fathers of infants or toddlers, time often starts gradually and builds up as the child grows. This isn’t about bias — it’s about developmental needs.
Frequent, shorter contact helps young children build trust and secure attachment. As routines and comfort increase, time (including overnight stays) can be expanded.
The goal is not “equal time” at all costs — it’s a strong, stable, and meaningful relationship that supports the child’s wellbeing.
7. Key Takeaways for Fathers
You have an equal right to be involved in your child’s life.
Parenting arrangements are decided by what’s best for the child, not gender.
Equal time is possible where practical and safe.
If communication is difficult, mediation or Consent Orders can help avoid court.
Always seek legal advice early — your approach now can shape future outcomes.
Wallen Family Law — Family Law, Made Clear.
If you’re a father navigating separation, we can help you understand your rights and work towards fair, practical parenting arrangements that support your child’s wellbeing.
📍 Based in Wollongong, assisting clients across NSW.
💬 Book your free 15-minute consultation today for clear, practical advice.
This article provides general information only and should not be relied upon as legal advice. Every family law matter is unique and requires specific legal guidance. Always seek professional legal advice for your specific situation.