General-family-law-advice

In 2006, the parliament made significant amendments to the Family Law Act 1975 to inspire a
greater extent of shared parenting and emphasise the significance of children maintaining contact
with both parents, provided that the relationship is without abuse or violence (Austlii, 2008).
Based on this Act, Judges were required to deliberate upon shared parenting time, and in case it
was not suitable or practical, then substantial contact was to be allowed with a superseding
stipulation that required all of the decisions to be considered within the child’s best interest
(Chrisholm, 2009).

Absence of Father

However, there was a particular emphasis upon family violence, so much so that various
publications discussed the matter merely from the standpoint of the Act, putting the woman at a
disadvantage, seeking refuge from a violent relationship where the father abused the children and
the mother. The possibility that the woman, in some cases, maybe the perpetrator of violence and
the children and the father may have been the victims was never considered (Chrisholm,2009)

The absence of a father in a child’s life is felt immensely by them. Thus, children whose fathers are absent in their daily lives begin to look for fatherly figures as soon as it becomes apparentthat other kids have both their moms and dads. Children whose fathers are absent make them up by themselves, whether they refer to him as “dad” or not. Children need masculine nurture and are ravenous for paternal presence (Pruett, 1997).

Around the globe, people acknowledge that positively involved fathers play a transformative role in nurturing and protecting children. Fathers are essential to their children not because they’re men but due to the need for children, who require several involved caregivers. Historically, the kind of care fathers offer their children differs considerably from the care mothers provide because of the different roles prescribed by social norms. Nevertheless, research affirms that fathers can also soothe and nurture children just the way a fatherly role is played by women in some cases (“Save the Children: Australia”, n.d.)

It is hard to imagine that a loving father would be excluded from his child’s life by the law basedon social policies. Yet, this is precisely what happened in NSW recently, where the biological father’s (a sperm donor) name was removed from the birth certificate of his 10-year-old daughter at the request of a non-biological lesbian mother who replaced his name with her own. However in Australia, such type of court cases are all too common for dads where the rights of women undermine fathers and childrens needs based on the Family Law Act (Sammut, 2011).

The life of the children is improved when fathers are involved. Evidence indicates that fathers are more engaged in their childrens lives – by being present during birth, contributing to education and prenatal care, etc. – a pattern for constant participation is created. When fathers become positively involved in the lives of their daughters and sons – by being more receptive to their needs and involving them in important decisions –they improve their childrns cognitive,physical, social and emotional development, contributing to their happiness. Research indicates that a childs cognitive development is affected by the involvement of fathers as it enhances and results in better achievements in school, higher self-esteem and mental health for both girls and boys (“Save the Children: Australia”, n.d.).

Male involvement

Male involvement is not only necessary when the child starts to feel the absence of a fatherly figure instead, it is essential from the beginning. The development of a child begins since birth and research indicates that children who had a male presence since the beginning scored higher on the Bayley Scales of Infant Development. It was also found that fathers who were more involved in daily care routines, such as changing diapers, feeding and bathing, had more socially responsive babies. Such babies also develop the ability to tackle challenging situations compared to those lacking a fatherly figure (Pruett, 1997).

A meaningful relationship between the father and the child is developed as more time is given to the father. Research indicates that children whose parents are given joint and equal shared carefared better regarding behavioural and emotional adjustment. Such children are satisfied and compared to those under sole parental responsibility (custody), they report having fewer feelings of loss (Dincer, 2012). Despite people acknowledging the importance of the father’s role in their childrens lives, there have been several cases where this right has been taken from the fathers on

account of their children’s mothers narrative about the father. The mother of the two girls blocked their father from having any contact with them because he had been abusive. However nine out of the ten allegations could not be proved, and it was found that the mother could not restrain her kids from having contact with their father, which went against the law. His parentalrights were breached for three years (Ross, 2012).