Sole custody in NSW is a type of custody arrangement wherein one parent enjoys exclusive rights to have custody of the child.
To elaborate on that, when a parent has the legal authority to be solely responsible for all decisions for the child and to ensure that the child spend all his/her time with that parent, it is said that the parent has sole custody.
In certain divorce cases, the disputes between spouses can be extremely serious. In these cases, keeping the child’s best interests in mind, the resident parent can apply for sole custody in NSW. The resident parent is the parent that the child has lived with for all his/her life or most of his/her life. The Family Court will determine if that is the right course of action based on the best interests of the child.
This essentially means that only one parent will have parental responsibility and sole care of the child.
Parental Responsibility or Sole Custody
In Australia, the term “parental responsibility” is used to refer to custody. So, while discussing sole custody NSW with your lawyers, you will come across the phrase sole parental responsibility.
According to Section 61C of the Family Law Act 1975, until the child turns 18 years old, both the parents share equal parental responsibility. This is known as the presumption of equal shared responsibility.
However, there are some reasons why a parent might wish to apply for sole custody in NSW. These reasons include: –
- Abandonment. In some cases, a parent fails to maintain contact with the child. If the parent shows very little interest in the child and does not care for the child, the other parent might want sole custody.
- Substance Abuse. Some parents abuse alcohol and/or drugs, and this largely prevents them from taking proper care of the child.
- Abuse: If a parent has physically, sexually, or psychologically abused the other parent, or the child, sole custody is an important consideration to protect the child.
- Neglect. If a parent has neglected/neglects the child, he/she is acting against what’s best for the child. Neglect can be understood as the failure to provide the child with necessary healthcare, dental care, food, shelter, clothes, and any other safeguards for the child’s safety and wellbeing.
- Relocation. If a parent decides to move far away from the child, the other parent might get sole custody to ensure that the child faces no trouble because of this relocation.
- Mental illness. If a child is around a parent who is suffering from some mental illness, the parent’s unpredictable behaviour can potentially harm the child.
- Incarceration. If a parent is imprisoned, he/she will be unable to provide for the child. In this case, the other parent might apply for sole custody to protect the child from any emotional harm.
How to get sole custody?
Under the Family Law Act 1975, it is stated that the child should have a meaningful relationship with both his/her parents. The Act recognises the child’s best interests as one of the fundamental principles in making court decisions in cases of family disputes.
In case a parent thinks that the child will not benefit from a relationship with the other parent, then the parent files for sole custody.
There are a number of steps that need to be completed to acquire sole custody in NSW. These are as follows: –
- Prepare an affidavit detailing the reasons why the other parents should not be able to spend time with the child.
- Gather relevant evidence to support your case.
- Apply to the court either for a supervised time order or a no time order. This means that the court will give an order that the parent should have no contact with the child.
- Present your argument or case on why the other parent should not be involved in the decision-making process
- Present your argument or case on why the other parents should not get to spend any time with the child.
- Wait for the court to give their decisions
- Comply with the orders made by the family court
One of the most important things to understand when applying for sole custody is that the parent needs to rebut the presumption of equal shared responsibility.
The reasons to rebut the presumption could be as follows: –
- The child has been subjected to family violence
- One parent continually makes decisions that are contrary to the child’s best interests.
- One of the parents is subjecting the child to physical or mental abuse
- In case a parent suffers from mental illness which restricts them from making rational decisions in relation to the child.
- One parent does not agree on critical decisions that concern the child.
How JB Solicitors Can Help
If you or someone you know is looking to get a sole custody NSW order, contact our expert family lawyers to gain high-quality legal advice.
At JB Solicitors, our compassionate and efficient lawyers understand how complicated certain custody cases can get. We don’t want you to get bogged down with the complex court processes.
We are here to assess your case and advise and assist you in a manner that is tailored to your individual circumstance. 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.
Contact us to get your family and custody issues addressed in a friendly and approachable atmosphere.
