What You Need To Know About Sole Child Custody

According to the Family Law Act of 1975, the court presumes parental responsibility to be equally held by both parents of a child. Therefore, each parent of a child who is under 18 years has equal parental responsibility unless the court orders otherwise. Some parents in Australia seek sole custody orders from the court to prevent access by the other parent. Here are some frequently asked questions about sole child custody.

What To Seek In Sole Custody?

When seeking sole child custody, your focus should be on having sole parental responsibility and living arrangements. Sole parental responsibility implies that you will make all decisions affecting your child without consulting the other parent. In joint parental responsibility, parents are required to consult each other when making decisions affecting their child. The court grants sole parental responsibility when it is in the best interests of the child. For example, if one parent does not have the mental stability or capacity to make rational decisions. Sole parental responsibility may also be granted when one parent is incarcerated.

The other order parents seek in sole custody is that their child lives with them but can spend time with the other parent. For example, the parent may ask for a weekend arrangement for the other parent. However, it is usually difficult to get this order when both parents are living in close proximity to each other. If one parent requests equal time with their child and the court finds this to be in the best interest of the child, the other parent's application for the child to live with them will fail. 

How Does One Get Sole Custody?

In order for the court to order sole custody, you need to disprove its presumption that both parents can guarantee a safe living environment for your child. A safe environment includes a warm home, food, clothes and fulfilment of basic needs. It also means home free from any physical, mental, or emotional abuse by the ex-spouse, a caretaker or visitors.

To get sole custody, you need to file a claim with the Family Court. After several hearings, the court will listen to the testimony of both parents. You need to provide evidence that the other parent is not fit to be with your child. For example, proof of physical violence, drug abuse, and similar behaviour that puts the child's well being in danger. When the court determines that it is in the best interest of the child to have one parent, they will issue a sole parental responsibility order.

To learn more about family law, reach out to a solicitor.

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