Mothers’ rights

When considering mothers’ rights, the law starts from a point of view that children benefit from spending time with both parents. More often than not, a child will live with the person who historically did most of the caring. For many families, this will be the mother.

In determining child arrangements, the primary concern of the courts is the best interests of the child. Judges begin with the assumption that both parents are equally capable of raising children, regardless of age, and that children have the right to maintain a relationship with both parents unless compelling evidence suggests otherwise. The considerations go beyond deciding the child’s primary residence, also addressing regular contact with the other parent, as well as arrangements for holidays, education, medical care, and any religious or cultural aspects.

Where a child does not live with the mother, she will have as much contact with the child as is practicable and suitable for that child. The court will only prevent a mother from seeing a child if there are good reasons – for example, proven allegations of neglect or abuse.

If a father unfairly restricts access to the child, the court can use a variety of mechanisms to punish this, including fines, community service, and even prison.

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