Interview on NXFM about separated Dad’s being kept away from their children by the mother We find many times where parents have split up and the mother keeps the children away from their father. Unless there is a legitimate or legal reason, no child should be kept away from their parent. This is a Family Law issue. The rights of the child is paramount and it is clear the child has the right to spend quality time with both their parents. While it can be emotionally difficult for parents after a separation, withholding a child from a parent is simply wrong. It distresses both the child and the parent. Just because the mother has birthed the child or has spent more time with the child if the father was the main income earner, does not give the right to the mother to withhold the child. Even if the mother believes the father is not an adequate parent, this is not sufficient reason to withhold the child. I implore all mum’s to do what is in the best interest of your child. To enable and encourage the child to have a relationship with both their parents. This is in the best interest of your child. Did you also know both parents have exactly the same rights and entitlements to the children. Until a formal Parenting Plan have been arranged then neither and both parents can have the children as they wish. Neither must return the child, neither can withhold the child, yet there is no legal way living arrangements can be enforced. I strongly recommend separated parents arrange to have their Parenting Plan organised. If the parents are able to manage this they can do it together. Write down all the living and visiting arrangement, sign it off then you have your Parenting Plan. If you are unable to arrange this together you must visit a Family Dispute Mediator. You can not proceed to family Court unless your mediation has failed and you have been proved with a 60 I certificate. You can find a registered family mediator if you visit the Attorney General’s Department website. or go to my About page, scroll to the bottom and click on the Attorney General Website link.
