In the past, fathers’ rights to maintain contact with their minor children post- separation were recognized but not as extensively as they are today. Despite outdated perceptions suggesting otherwise, many fathers continue to express concerns about their limited access to their children, hindering their ability to develop meaningful relationships. This issue commonly arises during divorce proceedings.
However, it’s important to recognise the evolving legal landscape surrounding fathers’ rights to contact. Presently, both the offices of the family advocate and the judiciary prioritize these rights, emphasising their significance for the well-being of the children involved. Nevertheless, if proposed contact arrangements are deemed contrary to the children’s best interests due to various factual considerations, authorities may opt to restrict or deny such rights, albeit in exceptional circumstances.
Practical considerations also play a significant role in determining a father’s contact privileges, with maintaining stability and routine for the children often being paramount. Proposed visitation plans that disrupt established routines or prove impractical may face challenges from family advocates.
Seeking legal advcie is crucial for fathers navigating the complexities of securing reasonable contact with their minor children. A skilled attorney can offer invaluable guidance and assistance throughout the process, ensuring that fathers understand their rights and obligations under the law.
Active involvement of fathers in their children’s upbringing is pivotal for their holistic development. Disputes over a father’s contact rights typically find resolution through judicial intervention, with comprehensive reports prepared by the Office of the Family Advocate and social workers following intensive interviews with all concerned parties.
In summary, fathers must remain informed about the evolving legal safeguards surrounding their rights to contact their minor children. With appropriate legal representation and a clear understanding of the legal landscape, fathers can assert their rights effectively while prioritizing the best interests of their children.
A BRIEF ROAD MAP OF A DIVORCE
There is a common misconception that divorces are dragged out unnecessarily by attorneys thus resulting in large fees being paid etc. The divorce system is something that cannot be taken lightly and divorce proceedings require an experienced attorney to be able to advise their client of potential risks and issues with their case.
Usually, the divorce proceedings will commence with an initial consultation between the attorney and the client. If the client is intending to divorce their spouse, then that client would instruct the attorney to draft the Summons, Particulars of Claim and file the Summons at Court. Thereafter the Summons is served upon the Defendant him or herself and thereafter they have within 10 court days to defend the matter.
If the matter becomes defended, then a host of options are available to both parties. The main option is obviously settlement and it is always advisable to attempt to settle the matter, preferably at an early stage, so not to incur fees and disbursements.
If settlement is not an option then there is a possibility of the matter being mediated before a mediator. If this cannot achieve the desired outcome, then the parties would have to proceed to litigate.
The attorney must be able to advise the client throughout this entire process. Divorce matters are often settled. It is only in rare cases that divorce matters proceed to trial.
A trial date is often month away so the entire process of a divorce process is long and can be expensive.
However it is always wise to limit those points in dispute and litigate over material disputes.
If the matter has been settled and a settlement agreement has been drafted then the Plaintiff’s Attorney would then present the draft settlement to the Family Advocate for its endorsement and thereafter the matter would be referred to the motion court and the divorce application would be set down in the motion court.
The process of a divorce is not as quick as one would imagine however if done properly, unnecessary delays and costs can be avoided.
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