By Surendra Bennett - 14 Jun 2018
If you are the father of a child, you may think that you
automatically have a say in your child's upbringing (such as
schooling, religion, where they live etc) however that may not be
the case. Legally you only get a say in your child's life if you
are their legal guardian.
For children conceived after 1 July 2005, the father and mother
are joint guardians of their children if they were married or
living together in a de facto relationship at any time from the
time the child was conceived until the birth of the child. If not,
then the mother is the sole guardian. An exception to this is where
you are registered as the father on the child's birth
certificate.
If you were not living in a de facto relationship or married to
the mother during the required times and you are not registered on
the birth certificate, then you can make an application to the
court to be appointed as a guardian. The court would usually grant
the order unless doing so would be contrary to the welfare and best
interest of the child.
Whether you are a guardian or not, every parent of a child has
the right to apply to the Family Court to determine the care
arrangements for their child and how much time the child spends
with each of their parents. It would be necessary that any disputes
as to paternity be resolved prior to making an application for care
arrangements.
Contact one of our family law experts, Surendra
Bennett if you want advice on your guardianship rights.