Wednesday, December 21, 2011

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In Queensland, a father was awarded by the Family Court with visitation rights to allow him to spend quality time with his daughter during weekends. In said case, the mother was given custody of the child which means that she has to allow her former husband to visit their daughter on weekends.

The mother filed a case for the Family Court to revisit and revise the visitation grant to both parents. The mother's contention was that she was not able to spend valued time with her daughter since she was deprived to spend time with her daughter during weekends. In addition, the mother cannot fully utilize the weekdays to spend time with her daughter since the child had to go to school.

More so, the child started to manifest signs of anxiety disorder towards her mother probably because the latter was not able to be with her daughter during weekends which is the only time that both could reinforce their bond as mother and child.

The Family Court ruled in favour of the mother and granted the mother to spend weekends with her daughter as well for the reason as stated above. Further, the intention of the framers of the Family Law Act is to allow each parent to have a meaningful relationship with their children.

This provision plays a huge part in persuading the courts to rule, not in favour of any of the spouses, rather, in favour of the child's holistic development. This factor is very important in order to cater a balance relationship between the child and his parents and in order to avoid comparison as to who between the parents is more fun than the other.

It is worthy to note that in the said case, the father alone was given the opportunity by the court to bring his daughter to Dream World, Sea World and Alma Park Zoo while the mother was restricted with taking care of the child in the latter's daily routines and other mundane domestic tasks. The opportunity for the mother to bond with her daughter was unreasonably denied to her. Thus, this ruling.

The intent of the law is to provide the child and the parents with "substantial and significant time" with each other wherein both parents shall be provided with both weekdays and weekends time with the child. Also, the law does not only encourages the parents to be involved in the everyday activities of the child but during special occasions as well.

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