I am the father – what are my rights?

Although it may not seem like it sometimes, all fathers have rights, even if you are no longer living with the mother of your child.

Paternity

Paternity is the legal term for establishing who is the father of a child. If there is any doubt about whether you are the biological father of a child, you may be able to apply to the Family Court to determine paternity. The Court may recommend that DNA tests be carried out to establish whether or not you are the biological father.

Guardianship

Guardianship of a child means having duties, powers, rights and responsibilities in relation to the upbringing of that child. This includes the right to have a say in any major decisions in relation to the child’s life, such as the child’s living arrangements, medical issues, education and religion.

A father is automatically a guardian of his child if he:

• Was married to or in a civil union with the mother at any time during the period beginning with when the child was conceived and ending when the child was born; or
• Was living with the mother in a de facto relationship at the time the child was born, if the child was conceived prior to 1 July 2005; or
• Was living with the mother in a de facto relationship at any time during the period beginning with when the child was conceived and ending with the birth of the child, if the child was conceived on or after 1 July 2005; or
• Is registered on the child’s birth certificate as being the father and the mother and father have notified the registration of the birth.

If you are the father but are not automatically a guardian, you can apply to the Family Court to be appointed a guardian.

Care Arrangements

As a father, whether you are a guardian or not, you have a right to apply to the Family Court for the day-to-day care of or contact with your child or children.

One parent can have the sole responsibility for the day-to-day care of the child (with the other parenting having contact), or day-to-day care can be shared between both parents.

Contact can be anything from telephone contact or short supervised visits with the mother or another person, to having the child in your care for longer periods such as weekends or school holidays. If one parent applies for day-to-day care of the child, then the Family Court must consider what contact the other parent is to have.

If you and the mother of your child are able to come to an agreement about the care arrangements for your child, then you do not need to involve lawyers or the Family Court. The Family Court only needs to be involved if you cannot come to an agreement or if you would like your agreement made into a Court Order so that it can be enforced if necessary.