How (or Can) You Get Sole Parental Responsibility of a Child in Australia?

When going through a separation or divorce, you may wonder whether it's possible to get full custody of your child. In Australia, what’s often referred to as “full custody” is not the official legal term used in Australia, instead the courts refer to it as sole parental responsibilities. The family law system focuses on the best interests of the child, and sole parenting responsibilities are only granted in specific circumstances.

The court will only consider granting sole parental responsibility to one parent if it believes this is in the child’s best interests. This usually happens in situations involving:

• Neglect or abuse: If one parent poses a risk to the child due to abuse, neglect, or substance misuse.
• Domestic violence: Where there is evidence of family violence that could affect the child’s wellbeing.
• Absentee parent: If the other parent is completely absent or has had no meaningful involvement in the child’s life.
• Ongoing conflict: If the parents are unable to cooperate or communicate effectively and it’s causing harm to the child.

Even in these situations, the court will still try to promote the child’s right to have a meaningful relationship with both parents, unless it’s clearly unsafe.

Seeking sole parental responsibilities usually involves a number of legal steps:

• Seek legal advice: Seek advice from a family lawyer to understand your rights and get help to prepare your case.
• File an application with the court: You’ll need to file parenting orders with the Federal Circuit and Family Court of Australia.
• Present evidence: Show why sole parental responsibility is necessary, with documents such as police reports, medical records, or statements from psychologists, where relevant.
• Attend court hearings: You may be required to attend interim and final hearings where a judge will assess the evidence and decide what arrangement is in the child’s best interests.

In Australia, the Family Law Act 1975 does not use the terms “custody” and “access”. Instead, it refers to them as:

• Parental responsibility: Legal rights to make long-term decisions for the child. This is usually shared, unless the court finds reason to award it to just one parent.
• Living arrangements: Where the child primarily lives and how much time they spend with the other parent.

Even if one parent is granted sole parental responsibility, the other parent may still be allowed supervised or limited visitation, depending on the circumstances.

Sole parental responsibilities are possible in Australia, but it is not granted lightly. The court must be satisfied that it is in the child’s best interests and supported by strong evidence. If you are considering applying for sole parental responsibilities, it’s important to seek legal advice to understand your options and build a strong case.

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.