5 Key Steps on How to Get Full Custody of Child in Australia

The Family Law Act of 1975 in Australia says that the child's best interests should come before anything else, so it can be hard to get full custody, also known as "sole parental responsibility."

Here we listed the 5 key steps on how to get full custody of child in Australia to help you and your child move forward with your life regardless of the issues you or you both have with the other parent. These are:

  1. Understanding the Legalities
  2. Engaging a Family Law Solicitor
  3. Filing a Parenting Order Application
  4. Preparation for Court Proceedings
  5. Compliance with Court Judgments

Understanding the Legalities

Before starting the process of how to get full custody of child in Australia, it's crucial to understand how the Family Law Act of 1975 is written and how it works.

Instead of "full custody" or "sole custody," the terms "sole parental responsibility" and "lives with" are used in Australian law.

"Sole parental responsibility" means that only one parent has the right to make important decisions for the child, like school, religion, or health care. On the other hand, a "lives with" order says which parent the child primarily lives with.

By understanding these specific terms, you will have a clear idea of how to present your case to the court and make sure your requests align with the law, which puts the child's best interests first.

Engaging a Family Law Solicitor

Family law can be hard to understand because it is so complicated. Hiring a family law solicitor will give you the necessary knowledge and advice on how to get full custody of child in Australia. Solicitors can help you understand the process, prepare the necessary paperwork, and stand up for you in court, which increases your chances of getting what you want.

Filing a Parenting Order Application

The next step is to ask the Family Court of Australia for a "parenting order." Your request for "sole parental responsibility" and "lives with" orders must be made clear in this application.

The best interests of your child should be at the centre of your application on how to get full custody of child in Australia, as this is the most important thing the court looks at.

You must give strong reasons why you should get sole custody to back up your request. This could be a sign of abuse or neglect at home, or it could show that the other parent can't provide a safe and caring environment. Your reasoning must show why giving you full custody is in your child's best interest, for his or her safety, and for his or her overall growth. You can also:

Demonstrate Your Involvement: Show your active involvement in your child's life. This could include participation in school activities, involvement in medical decisions, or demonstrating a consistent routine at home.

Provide Evidence of a Stable Environment: Evidence that you can provide a stable, nurturing environment for your child can be pivotal in custody proceedings. This might include providing a safe home, consistent routines, and meeting the child's educational needs.

Preparation for Court Proceedings

Preparing for court proceedings once the application has been filed is the fourth step on how to get full custody of child in Australia. This includes gathering evidence to back up your case, like testimonies or reports that show why giving you sole custody is in the best interest of the child. Your lawyer will help you prepare your case and tell you what to expect during the proceedings.

Compliance with Court Judgments

If the court gives you sole custody, strictly following the rules in the "parenting order" is your responsibility.

This is very important because these orders are not just suggestions; they are legally binding rules about who gets custody of your child and how they should be cared for.

If you don't follow these rules, you could face penalties, have to go to parenting classes, or even have the order changed in a way that might not be in your favour.

This could mean that you lose some of your custody rights or that the other parent gets to spend more time with the child. So, to keep full custody rights, it's important to understand the "parenting order" and do what it says.

Evidence To Present On How to Get Sole Custody of a Child in Australia

How to get full custody of child in Australia? It requires substantiating evidence demonstrating that the child's best interests are met under your care.

Evidence of Stable Environment: You should provide proof of the child's stable and secure living environment. This includes a suitable home, access to quality education, and a supportive community.

Child's Wishes: Depending on the child's age and maturity, the court may consider their wishes. Direct statements, written documents, or testimonies from a child psychologist can serve as evidence.

Proof of Parenting Capability: Evidence of your ability to meet the child's physical, emotional, and educational needs is crucial. This can involve medical records, school reports, and character references testifying to your parenting skills.

History of Care: Documented primary caregiver history can enhance your case. This includes proof of involvement in the child's daily routines, school activities, medical appointments, and more.

Evidence of Harm or Risk: If the other parent poses a risk to the child due to factors such as drug abuse, neglect, or violence, it's essential to present evidence like police reports, medical records, or testimonies from witnesses or professionals.

Parenting Plan: A well-detailed parenting plan demonstrating how you intend to cater to the child's needs can show your commitment and preparedness for sole responsibility.

Conclusion

Question: How to get full custody of child in Australia?

Answer: The 5 key steps on how to get full custody of child in Australia include:

  1. Understanding the Legalities
  2. Engaging a Family Law Solicitor
  3. Filing a Parenting Order Application
  4. Preparation for Court Proceedings
  5. Compliance with Court Judgments

Need Help on How to Get Full Custody of Child in Australia?

At Justice Family Lawyers, we are experienced in navigating the complexities of family law, and we understand how difficult it can be to make decisions during these times.

Our objective is to provide our clients with the support, information and guidelines to make the best decision for them and their families. Knowing the meaning of sole parental responsibility can help you make informed decisions in your child's best interest.

If you need legal advice, please feel free to contact us today. Our experienced lawyers would be more than happy to assist with any queries you may have.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.