To get sole custody of your child in Australia, a parent must convince the court that shared parental responsibility is not in the child’s best interests and that the child may face a risk of harm if major decisions or day-to-day care are shared. This requires presenting clear and compelling evidence of issues such as family violence, abuse, neglect, substance misuse, serious conflict, or a parent’s inability to provide safe and consistent care.
The process involves attending Family Dispute Resolution (unless an exemption applies), filing an application for Parenting Orders, submitting affidavits and a Notice of Risk, and participating in any expert assessments ordered by the court. Sole custody is granted only when the court is satisfied that giving one parent full decision-making authority and primary care is necessary to protect the child’s safety, stability, and long-term wellbeing.
What is Sole Custody in Australia?
Sole custody is the legal arrangement in Australia where one parent is granted sole parental responsibility, meaning they have exclusive authority to make major long-term decisions about the child’s life. Although the term “custody” is no longer used in the Family Law Act 1975 (Cth), sole custody remains the practical way to describe situations where the court determines that only one parent should hold decision-making power due to safety, risk, or serious parental dysfunction.
Sole custody is ordered when shared parental responsibility would expose the child to harm or create instability — such as in cases involving family violence, abuse, neglect, substance misuse, chronic conflict, or a parent’s inability to provide safe and consistent care. The court considers evidence under the best-interests framework in s 60CC and assesses whether exclusive decision-making is necessary to protect the child’s wellbeing.
Sole custody is not the same as blocking the other parent from seeing the child. The non-custodial parent may still spend time with the child if it is safe and appropriate. However, in high-risk cases, the court may impose supervised time or, in exceptional circumstances, no time at all.
In essence, sole custody is a protective legal measure reserved for situations where one parent must assume full responsibility to ensure the child’s safety, stability, and long-term development.
When Sole Custody May Be Necessary?
Sole custody is necessary in Australia when shared parental responsibility would place a child at risk or fail to meet the child’s best interests under the Family Law Act 1975 (Cth). Courts consider sole custody only when there is credible evidence showing that joint decision-making is unsafe, unworkable, or fundamentally incompatible with the child’s wellbeing.
Sole custody becomes necessary in situations involving family violence, abuse, or neglect, where a parent’s behaviour creates an unacceptable risk to the child’s physical or psychological safety. It is also appropriate when substance misuse, untreated mental health issues, or patterns of coercive control impair a parent’s ability to make sound decisions or provide stable care.
Sole custody may also be required when parents experience severe, entrenched conflict that prevents meaningful cooperation on major decisions, or where one parent consistently ignores court orders, obstructs communication, or demonstrates an inability or unwillingness to support the child’s routine and developmental needs. In such high-conflict situations, many parents look for legal guidance by trying to find family lawyer services with strong experience in risk assessments.
In short, sole custody is necessary when allowing both parents to share responsibility would harm the child, jeopardise their stability, or undermine their long-term wellbeing. Courts grant it only in circumstances where exclusive decision-making is essential for the child’s safety and development.
Legal Requirements for Obtaining Sole Custody
To successfully obtain sole parental responsibility, the applicant must establish that:
- Shared parental responsibility is not in the child’s best interests, considering the primary and additional factors in s 60CC.
- There is objective evidence demonstrating risk, incapacity, or the breakdown of cooperative parenting.
- The proposed arrangement will enhance the child’s stability, safety, and developmental continuity.
- The evidence shows that the alternative—shared responsibility—would cause harm, confusion, or significant detriment.
Case law such as Goode & Goode and MRR v GR reinforces that courts examine evidence holistically rather than relying on parental assertions.
How to Apply for Sole Custody in Australia?
To apply for sole custody in Australia, a parent must follow a formal legal process governed by the Family Law Act 1975 (Cth) and demonstrate that shared parental responsibility is not in the child’s best interests. The process requires clear evidence of risk, instability, or circumstances showing that joint decision-making is unsafe or unworkable.
Applying for sole custody involves the following steps:
First, parents must attend Family Dispute Resolution (FDR) unless an exemption applies due to family violence, urgency, or safety concerns. A Section 60I Certificate is required for most court applications.
Next, the parent seeking sole custody files an Initiating Application in the Federal Circuit and Family Court of Australia. This application includes proposed parenting orders, a detailed affidavit outlining the concerns and evidence, and a Notice of Child Abuse, Family Violence, or Risk, which is mandatory in all parenting matters.
Then, the court may conduct an interim hearing to put temporary arrangements in place. Interim orders can grant one parent provisional decision-making authority, restrict contact, or impose supervised time if early evidence indicates risk.
After that, the court typically orders expert assessments, such as a Family Report or independent psychological evaluation, to analyse the child’s needs, parental capacity, communication patterns, and safety issues. An Independent Children’s Lawyer (ICL) may also be appointed to represent the child’s best interests.
Finally, the matter proceeds to a final hearing, where the judge evaluates all evidence — including witness affidavits, expert reports, risk notices, records from schools or healthcare providers, and the child’s views where appropriate — before determining whether sole parental responsibility is necessary.
In summary, applying for sole custody requires a structured legal process supported by strong, credible evidence showing that exclusive decision-making is essential to protect the child’s safety, stability, and long-term welfare.
Cost of Seeking Sole Custody
Sole custody matters are generally more complex and evidence-heavy than standard parenting disputes. Typical costs may include:
- Solicitor and barrister fees
- Mediation and FDR costs
- Court filing fees
- Expert evidence and family reports
Because outcomes hinge on persuasive legal presentation, many parents seek guidance through platforms like LegalFinda to locate the right practitioner.
How Long Sole Custody Cases Usually Take?
Sole custody cases in Australia usually take between 12 and 24 months to reach a final determination, depending on the complexity of the issues, the level of conflict, and the court’s workload. However, interim decisions that affect parenting arrangements can be made much sooner.
In general:
- Interim orders are often issued within 1 to 6 months, providing temporary decision-making arrangements and safety measures while the matter progresses.
- Final orders typically require a full evidentiary process, including affidavits, expert assessments, a Family Report, and sometimes the involvement of an Independent Children’s Lawyer. These steps extend the timeline to one to two years.
- Urgent or emergency applications—such as those involving immediate risk of harm or unlawful relocation—may be heard within days or weeks, allowing the court to put protective measures in place quickly.
The duration of a case is heavily influenced by factors such as the presence of family violence, the need for psychological evaluations, availability of expert assessors, and the volume of evidence requiring judicial review. In short, sole custody matters take time because the court must thoroughly examine risk, safety, and long-term welfare before granting exclusive parental responsibility.
Evidence Required for Sole Custody
Strong, credible evidence is the cornerstone of any sole custody case. Courts may consider:
- Police reports, AVOs, or protection orders
- Medical or psychological evaluations
- Records from schools, counsellors, or childcare centres
- Screenshots of concerning communication
- Evidence of substance misuse
- Witness statements
- Proof of non-compliance with previous orders
- Documentation from child protection agencies
The burden is not to prove the other parent is imperfect, but that shared responsibility exposes the child to unacceptable risk.
Emergency Sole Custody Orders
Courts may grant urgent sole custody when:
- Violence escalates or safety concerns arise
- A parent threatens to relocate without consent
- A child faces imminent harm
- A parent becomes incapacitated
- Protective orders are required immediately
Emergency applications prioritise risk mitigation above all else.
Sole Custody for Fathers and Mothers
Australian law is gender-neutral. Sole custody for fathers or mothers is determined solely by:
- Risk
- Parenting capacity
- Evidence
- The child’s welfare
Courts reject gender-based assumptions and follow statutory requirements and expert evaluations.
Challenging or Changing Existing Orders
Existing parenting orders may be varied under the Rice & Asplund principle, requiring a material change in circumstances, such as:
- New safety risks
- Significant behavioural changes
- Relocation
- Updated medical or psychological findings
- Persistent non-compliance by one parent
The court will only reopen litigation when the change is substantial.
FAQs About Sole Custody in Australia
Parents routinely ask practical and legal questions when considering sole custody. Below are answers to the most common queries.
What factors determine sole custody in Australian family law?
Courts weigh risks, the child’s best interests, parental capacity, stability, and evidence of harm under s 60CC.
How much does it cost to get sole custody in Australia?
Costs vary widely, depending on lawyer involvement, expert reports, mediation, and court timelines.
Do I need a lawyer for sole custody?
Sole custody cases are legally complex, evidence-heavy, and risk-focused. Most parents choose legal representation to ensure the court receives clear, persuasive evidence.
Can sole custody be granted urgently?
Yes. Emergency orders are available when immediate protection is needed.
What evidence is needed?
Police reports, medical documentation, risk assessments, family reports, and communication logs are key.
How long does it take?
Interim decisions may be made in months; final orders may take a year or more unless urgent.
Conclusion
Sole custody in Australia is reserved for situations where shared decision-making is unsafe, unworkable, or contrary to a child’s wellbeing. The process demands strong evidence, careful preparation, and a legally precise approach supported by the Family Law Act.
Parents facing these circumstances do not need to navigate the system alone. LegalFinda connects individuals with trusted family lawyers across Australia who specialise in high-conflict parenting disputes and sole custody applications. Access tailored legal support today to protect your child’s safety, stability, and long-term welfare.
