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How Long Does it Take to Get Full Guardianship / Sole Parental Responsibility of Your Child?

When it comes to parenting matters, particularly full guardianship or sole parenting responsibility, one of the most common questions people ask is, how long will it take? The answer is, it depends. Every family’s situation is different, and so is every case that is brought before the court. While some matters can be resolved relatively quickly, others can take many months or even over a year to be finalised.

Standard Timeline

In general, a straightforward parenting matter, where there is agreement or minimal conflict, might take a few months to resolve through mediation or court consent orders. However, when seeking full custody, legally known in Australia as sole parental responsibility and/or that the child lives with one parent, the process can be more complex.

If the case needs to go to a final hearing, it can take 12 months or more, depending on the Family Court’s schedule and the nature of the dispute.

Factors That Affect the Timeline

Parental conflict – Disagreements between parents over decision-making, living arrangements, or visitation can lead to lengthy court processes.

Evidence required – If full custody is being sought due to concerns such as abuse, neglect or safety risks, it will take time to gather and present supporting evidence like police reports, witness statements, or psychological assessments.

Court backlog and availability – The court’s availability and how quickly documents are filed and served can significantly impact how long your case takes.

Interim orders – In urgent situations, you may be able to apply for interim orders to ensure the child’s safety while the case progresses.

Reducing Delays

While delays are sometimes unavoidable, working closely with a family lawyer can help ensure your case is properly prepared and progressed efficiently. Exploring mediation or family dispute resolution early on may also reduce the time spent in court, unless there are risks to the child’s safety.

Final Thoughts

There is no simple answer to how long it can take to get full guardianship/sole parenting responsibilities. Some matters can be resolved in months, others can stretch over a year or more. If you are considering applying for full guardianship/sole parental responsibilities, it’s important to get legal advice tailored to your situation and to understand the steps involved. With the right support, you can navigate the process more confidently and help secure the best outcome for your child.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.

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