Fathers Rights In Custody

Summary

In New South Wales, the Family Law Act 1975 emphasizes childrens best interests in custody cases. Evidence of violence must be substantiated, and courts prefer meaningful relationships with both parents unless safety is a concern. Interim orders can be modified based on the childs needs. Legal aid or community legal centers may offer support for financial hardship. Consider alternative mental health assessment options if needed.

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the mother claims that the father is violent, with only two bits of evidence, one being a text him calling her name, and the other being a police report where no actual violence occurred. the father has been ongoing counselling but to maintain confidentiality he will not provide notes.
In New South Wales, the Family Law Act * prioritizes the best interests of the child in parenting arrangements. Here are some relevant points:
- Evidence of violence or abuse is taken seriously, but it must be substantiated.
- Counseling records can be confidential, but they might help demonstrate positive steps taken by the father.
- Courts prefer children to have a meaningful relationship with both parents, unless there's a risk to their safety.
Are there any current court orders or agreements regarding the parenting arrangements?
yeah had an interim hearing where via consent, the father is allowed supervised time spent, however the time period is much too long, and twice weekly FaceTime calls which for a 3 year old, is not right. the chid does not sit down for long enough. prior to mediation both parents are to receive a mental health assessment as ordered by the court however the father is going through financial hardship and cannot pay for this and no bulk billed clinics will provide court reports
It sounds like a complex situation. In New South Wales, you might consider the following options:
- Request modification of interim orders citing the child's age and needs.
- Seek legal aid or community legal centers for support with financial hardship.
- Explore alternative assessment options or payment plans.
Would you like information on legal aid services in your area?
the father is not eligible
Case Rating: *
It sounds like a challenging case with multiple factors to consider. Here are a few suggestions:
- Explore options to modify interim orders, highlighting the child's age and needs.
- Investigate community legal centers for potential support.
- Look into alternative mental health assessment options.
If you have more questions or need clarification, feel free to ask!