Mother vs Father Custody Statistics in Australia
According to the Australian Institute of Family Studies (AIFS), around 80% of custodial parents are mothers.
AIFS also found that in cases where the court approved joint custody arrangements, the mother serves as the primary custodial parent more than 90% of the time.
This means that, in most cases, the mother has the majority share of parenting responsibility and decision-making authority.
Fathers still occasionally gain sole custody. AIFS found that fathers gain sole custody in about 10% of all cases, fathers are the primary custodial parent in about 11% of cases, and fathers share custody in about 7% of cases.
About 3% of separated parents use courts as their main pathway to making parenting arrangements, these are predominantly families affected by family violence, child safety concerns and other complex issues.
Around 97% of separated parents do not go through the Court to decide their parenting arrangements, though 16% use family dispute resolution services or lawyers. Approximately 83% of cases are resolved with the Mother having at least 53% of the care for children, with the Father having at least 53% of the care in only 7% of cases.
While this does indicate that there is a leaning towards mother in the judicial system these mother vs father custody statistics in Australia remain fairly accurate even when accounting for gender bias, as 81.2% of cases of sole custody are awarded to the mother regardless. Statistically, 53% of cases decided by a judge involve orders for sole parents' responsibility, while 93% of cases settled between the parents involve orders for shared parental responsibility.
Shared care routines are more common in consented matters, particularly through family dispute resolution or lawyers. At Justice Family Lawyers we are dedicated to providing professional advice and connecting with out clients on a personal level, if you would like to discuss your options with us you can speak to our legal team here.
As previously highlighted, understanding the mother vs father custody statistics in Australia can help inform custody decisions. By understanding the current statistics, parents in Australia can make the best decisions for their family.
Key points
- In instances of joint custody, the mother serves as the primary custodial parent more than 90% of the time
- Fathers gain sole custody in about 10% of all cases
- Only 3% of separated parents use courts to make parenting arrangements
- 20% of children lived in blended families where they have step-brothers and sisters and a step-parent.
- 42% of children aged less than 18 years lived in single-parent households
Why Do Mothers Have Higher Custody Statistics Than Fathers?
There are a number of reasons why mothers have higher custody statistics than fathers in Australia. One reason is that the child is often placed in the mother's primary care whilst the father pays child support to the mother.
Typically, the mother is the child's primary caregiver and, therefore, is more likely to be awarded custody due to their close relationship with the child. In addition, prior to the Family Law Amendment (Shared Parental Responsibility) Act 2006, family law had a preference for granting mothers custody of their children, even if the father had been the primary caregiver before the parents separated.
Statistical data is important for parents seeking to make informed decisions about the future. In Australia, the courts strive to achieve 'equal shared parental responsibility', which refers to both parents making decisions about their children's future. Having this shared responsibility in mind is important when thinking about the mother vs father custody statistics in Australia.
Child custody is of critical importance to parents, and the mother vs father custody statistics in Australia can help inform your decisions.
To provide some context, the 2006 Australian Bureau of Statistics found that around 42% of children aged less than 18 years lived in single-parent households, and this number continues to grow each year.
The Australian Institute of Family Studies also found that 20% of children lived in blended families where they have step-brothers and sisters and a step-parent.
Types of Custody
The mother vs father custody statistics in Australia include data on the types of custody. In Australia, there are two main types of parenting orders: sole custody and shared custody.
Sole custody refers to one parent having legal and physical custody of the child.
This means the custodial parent has decision-making authority over their child.
Usually, the judge will award sole custody to the adult who will provide the child with the best home environment and the most comprehensive care.
The Court must uphold the best interests of the child over the presumption of equal shared parental responsibility. If the child has been exposed, or experienced any form of domestic violence than sole custody will be awarded to the other parent.
Shared custody refers to both parents sharing custody of the child, and making decisions together.
In this case, the judge will usually award responsibility for the primary physical custody of the child to one parent - usually the mother, as discussed later in this article - and the other parent will have visitation rights.
It may be in the best interest of the child to remain living with one parent the majority of the time due to difficulty with pre-existing commitments such as getting to school, or one parents work schedule.
Some children may also have emotional or intellectual needs that require consistent care.
If you have parental responsibility for your child, then you are financially responsible for your child regardless of which parent has the majority of care. You can make these financial decisions yourself through discussion with the other parent, but if you are unable to come to an agreement you can ask the Court for a child support assessment. A child support assessment will calculate how much child support needs to be paid.
