How do you get sole care of your child(ren)?
Understand how to get sole care of your children and the difference between sole care and sole parental responsibility. Learn about primary care and court decisions. Contact us for legal advice.

What is ‘sole care’ and how is it different to SPR?

This is also sometimes known as sole custody although the Court refers to it as care rather than custody. Sole care is different to sole parental responsibility (SPR). Parental responsibility provides both parents with the right and obligation to make long term decisions together such as schooling or medical treatment. SPR allows one parent to make those long term decisions whereas sole care provides for the children to live with one parent.

What about ‘primary care’?

The Court can also make Orders for primary care where the children live primarily with one parent and spends time with the other parent.

How does the Court decide which parenting arrangement is the most suitable?

The Court determines parenting arrangements based upon their best interests. A child's best interests is always to enjoy a meaningful and significant relationship with both of their parents unless there is a significant risk of harm.

What do I need to do to seek sole care of my child(ren)?

To seek sole care of the children you would need to demonstrate an existing risk presented by the other parent and that as a result of that risk it is not in the children's best interests to see or spend time with the other parent at all.

This is not a decision easily taken by the Court and if a risk can be mitigated with by example supervision, drug / alcohol tests, parenting courses and the like the Court may still determine that the children should spend time with both parents.

You will need to gather evidence of the risks which may include issuing Subpoenas, obtaining reports from appropriate medical practitioners and outline in detail in your Affidavit what the risk is so the Court can make a determination.

If you have any questions about this information or would like to talk to a Solicitor about seeking sole care over your child(ren), please contact us to schedule your initial consultation.
Related articles
Blog: When can a child choose which parent they want to live with, in Australia?
Legal age for children to decide which parent to live with in Australia
Blog: Grandparents’ Rights In Family Law 2024
Explore the impact of family breakdowns on grandparents and their legal rights in Family Law 2024. Discover how the law supports these crucial family relationships and the steps grandparents might take to maintain contact with their grandchildren
Blog: My teen won’t comply with our Family Court Orders! What do I do?
Struggling with a teen not adhering to Family Court Orders? Understand your legal obligations, the importance of your teen's perspective, and steps to take for compliance.
Blog: Can I change my Family Court Order regarding the care and living arrangements of my children?
Learn how to change your Family Court Order for children's care and living arrangements due to significant life changes. Legal advice and steps explained.