If you are wondering how to get sole custody of your child in Australia, then the chances are that you believe your child is better off without the influence of your former partner in their life.
You should know that both parents fundamentally have the right to care for and be a part of their children’s life. As such, the Courts in Australia do not take the prospect of sole custody lightly and nor should you.
If you are adamant that you believe sole custody is the right decision for your child, this article will discuss everything you need to know regarding how to get sole custody of your child in Australia.
How To Get Sole Custody Of Your Child In Australia – Where To Start?
To get sole custody of your child in Australia, you will most likely need to pursue the matter in Court as the other parent will more than likely disagree with the arrangement.
Practically, this means you will need to contact an experienced family lawyer and apply to the Family Court of Australia regarding the parenting arrangements of your child.
This process will involve submissions being made by both sides on factors known as ‘the best interests of the child’, which are enshrined in the Family Law Act 1975. Accordingly, both sides will present their cases on what they seek. If you are after sole custody, you will need to prove why your child should have you in their life to the exclusion of the other parent.
The Presumption Of Equal Shared Parental Responsibility
If you are wondering how to get sole custody of your child in Australia, you need first to be aware of the presumption of equal shared parental responsibility.
The Family Law Act 1975 presumes two things unless proven; otherwise, it presumes parents should have shared parental responsibility. If parents have shared parental responsibility, they should have equal shared care.
If you rebut the presumption of shared parental responsibility, you do not need to rebut the presumption of equal shared care.
According to the Family Law Act 1975, the law will assume that it is in the children’s best interests for both parents to share parental responsibility regarding the children of the relationship.
As such, an Application will need to be made to the Court with orders seeking sole parental responsibility or sole custody rebutting the presumption of equal shared parental responsibility.
The Best Interests Of The Child Factors The Court Considers
As mentioned earlier, rebutting the presumption of equal shared parental responsibility is the most significant part of how to get sole custody of your child in Australia. The way to rebut equal shared parental responsibility in Australia presumes to prove that it is in the child’s best interests for you to have sole custody of them.
In deciding what the best interests of the child are, the Court will factor in several considerations.
The two most important considerations are:
- The need to protect the child from any family violence, physical abuse, psychological abuse or drug use; and
- Whether there is a benefit of the child having a meaningful relationship with both of their parents.
Other Best Interests Of The Child Factors Considered
Other considerations include:
- The opinions and views of the child, relative to their age, maturity and level of understanding of the circumstances and situation;
- The child’s relationship with each parent and the impact that any alterations in the relationship will have on the child;
- The willingness and ability of each parent to facilitate an ongoing relationship with the child and other parent;
- The maturity, gender, lifestyle, culture and background of the child;
- The capacity of each parent to address the emotional and physical needs of the children;
- The impact of the arrangements on the children; and
- The practicality of the arrangements
Although none of these other considerations is necessarily pivotal grounds for sole custody in Australia, the combination of several factors that weigh heavily in favour of one parent will play a significant role in, at a minimum, being awarded a greater degree of custody in Australia.
It is also important to remember that although these are separate considerations, it is clear that they are all closely related to the two primary concerns mentioned above.
Accordingly, where a child has a negative opinion of one parent and a bad relationship with them, it will often be because that parent is abusive towards them or the other parent. The innocent parent in this situation would naturally also try to avoid contact with the abusive parent where possible and thus be unwilling to facilitate a relationship with the child and another parent.
Importance of Seeking Legal Advice
When discussing matters such as how to get sole custody of your child in Australia is essential to note that every single parenting matter is different.
Accordingly, every matter will be determined on a different set of circumstances. To get a better idea of whether you have a strong case, please do not hesitate to contact our team of friendly and experienced family lawyers today. We are happy to discuss your matter.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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