Sorting out parenting arrangements after separation can be tough, especially when sole custody comes into the picture. But exactly what is sole custody?

Sole custody gives one parent full responsibility for decisions or daily care. It is only granted when shared custody isn’t safe or in the child’s best interests.

Keep reading to understand how sole custody works in Australia and what it could mean for your family.

Quick Overview: What Is Sole Custody?

Sole custody gives one parent full legal responsibility for a child, either for major decisions (sole parental responsibility) or day-to-day care (primary residence). While Australian law generally supports shared responsibility, sole custody may be granted when it’s clearly in the child’s best interests, particularly if there are safety or wellbeing concerns.

Understanding Sole Custody in Australia

Under the Family Law Act 1975, the term ‘sole custody’ is not commonly used in legislation but is still widely understood by the public. The law instead refers to ‘sole parental responsibility’ and ‘sole care’ arrangements.

• Sole parental responsibility means that one parent has the exclusive right to make major decisions about the child’s upbringing, including decisions about education, healthcare and religion.
• Sole care refers to the child living primarily or exclusively with one parent, while the other parent may have limited or supervised visitation.

When Is Sole Custody Awarded?

The Family Court considers awarding sole custody when:

• There is a history of family violence or abuse.
• One parent poses a risk to the child’s safety or wellbeing.
• There is ongoing neglect or inability to meet the child’s needs.
• High conflict situations make shared decision-making impossible.
• One parent is absent or disengaged from the child’s life.

The court’s paramount consideration is always the child’s best interests, not the wishes of the parents.

Types of Sole Custody Arrangements

Depending on the situation, sole custody can take different forms:

1. Sole Parental Responsibility

Only one parent has the authority to make major decisions regarding the child’s welfare without consulting the other parent.

2. Sole Physical Custody (Sole Care)

The child lives full-time with one parent, while the other may have supervised, limited or no visitation rights.

In some cases, a parent may have sole parental responsibility, but the child spends significant time with both parents.

How to Apply for Sole Custody

Seeking sole custody involves a formal legal process. Here are the key steps:

1. Seek Legal Advice

Consult an experienced family lawyer to assess your situation and the likelihood of obtaining sole custody.

2. Attempt Family Dispute Resolution (FDR)

Unless exemptions apply, parents must attempt mediation before applying to court. Cases involving family violence or abuse may bypass this requirement.

3. File an Application in the Family Court

Submit an application outlining:

• Your request for sole parental responsibility and/or sole care.
• Evidence supporting why sole custody is in the child’s best interests.

4. Attend Court Hearings

Both parties will present their cases, and the court will consider:

• The child’s relationship with each parent.
• The child’s safety, welfare and developmental needs.
• The practical difficulty of the child maintaining meaningful relationships with both parents.

The court will make orders based on what will best promote the child’s wellbeing.

Key Considerations for Sole Custody Decisions in Court

Courts carefully assess various factors, including:

• Child’s Best Interests: The fundamental principle guiding all decisions.
• Family Violence: Any risk of physical, emotional or psychological harm.
• Parental Capability: Each parent’s ability to meet the child’s needs.
• Child’s Views: Depending on the child’s age and maturity.
• Impact of Change: Minimising disruption to the child’s life.

The burden of proof lies with the parent seeking sole custody, and strong evidence is crucial.

Advantages and Challenges of Sole Custody

Sole custody can offer several important benefits, especially when it supports the child’s wellbeing and safety. It provides a more stable and consistent environment, particularly when one parent is better positioned to make decisions in the child’s best interest.

Advantages include:

• Stability for the child: A single, consistent home environment can support emotional and psychological wellbeing.
• Clarity in decision-making: One parent has the authority to make major decisions, reducing potential conflict.
• Protection from harmful environments: Sole custody may be necessary if the other parent poses a risk to the child’s safety or stability.

At the same time, sole custody can come with its own set of challenges. The custodial parent often takes on a heavier emotional, financial and logistical burden.

Challenges include:

• Sole responsibility for parenting: All day-to-day care and major decisions fall on one parent.
• Potential strain with the non-custodial parent: Disagreements or communication breakdowns can arise over visitation or involvement.
• Increased pressure: Managing everything alone can lead to stress, fatigue, and financial hardship.

Understanding both the benefits and the challenges is crucial when considering sole custody. It’s a significant decision that should always prioritise the best interests of the child.

FAQs – Sole Custody in Australia

Is sole custody the same as full custody? Essentially, yes. Although the term ‘full custody’ is less commonly used in Australia, it generally refers to the same concept as sole parental responsibility or sole care.

Can sole custody be changed later? Yes, if there is a significant change in circumstances, such as improved parenting capacity or changes in the child’s needs.

Can I get sole custody without going to court? Only if the other parent agrees and both parties formalise the arrangement through consent orders. Otherwise, court intervention is necessary.

Does sole custody mean no contact with the other parent? Not necessarily. The non-custodial parent may still have visitation rights, depending on what is safe and appropriate.

Why Choose Johnsons Law Group for Sole Custody Matters?

At Johnsons Law Group, we understand that seeking sole custody is a deeply emotional and complex decision. Our experienced family lawyers provide:

• Strategic Advice: We help you build a strong case focused on your child’s best interests.
• Compassionate Support: We understand the sensitive nature of custody disputes.
• Strong Advocacy: We represent your interests firmly in negotiations and court proceedings.
• Practical Solutions: We work towards outcomes that secure your child’s future and wellbeing.

You can rely on our team to guide you through this challenging time with professionalism and care.

Need Help with a Sole Custody Matter? Contact Johnsons Law Group Today

Protecting your child’s future is our top priority. Whether you’re seeking sole custody or need advice about your parenting rights, Johnsons Law Group is here to help.

Call Johnsons Law Group today on 02 9600 7277 or visit our Contact Us page to schedule a confidential consultation. Let us help you secure the best outcome for you and your child with confidence and clarity.