Parents may want sole custody to ensure the protection and wellbeing of their child. Exceptional circumstances may put the child’s safety at risk at times. For instance, exceptional cases include family law cases wherein a parent is abusive towards their children. Australian family law prioritises the best interests of the child and promotes equal shared parental responsibility.
Hence, if parenting circumstances do not favour the child, family courts may award sole custody to a parent.
In certain divorce cases, the disputes between spouses are possibly severe especially if there are children in the marriage. Arguments between parties will arise not just about child custody, but also property settlement matters and even spousal maintenance.
However, if the children’s welfare and wellbeing are on the line, it’s important to know whether solo parenting is an option or not. Today we will highlight the importance of many factors that affect sole custody in NSW.
Sole Custody NSW: Is It the Best for Your Child?
We have asked this question because the Family Court will act on custody cases while giving weight to the best interests of the child. What’s the best interests, you ask? This principle prioritises a child’s well-being in divorce cases.
Read our article here about the child’s best interests along with supporting cases.
Have you given a read of our article? Our article above shows how important the child’s best interests are under the Family Law Act. They deserve a safe environment where they can grow and flourish into a proper adult. Without such guidance, they may lose sight of what is right and have a murky future ahead of them.
So, who can guide children towards a better future? The parents, of course!
Let’s Talk About Parental Responsibility
In Australian family law matters, 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 parents share equal parental responsibility. This is known as the presumption of equal shared responsibility. However, in recent news, this presumption was abolished.
But Can One Parent Do It All?
In an ideal setting, two parents should work together for their child. We don’t just mean working jobs for child support. Yes, finances are a general need, but children’s needs go beyond than just financial ones. Love, affection, support and a meaningful relationship with both parents are extremely important. These are the perfect factors to take note of for a child to grow properly.
Unfortunately, a lot of parents don’t get along in their marriage (even if they don’t have children). Arguments may arise and it ends up as an ego battle on who’s the better parent. To answer our question of whether one parent can do it all — it depends. Let’s look at some factors why some parents opt for sole custody in NSW.
Why Do Parents Want Sole Custody in NSW?
1. Domestic violence and sexual violence are primary factors why parents seek sole custody of their child. In fact, the Australian Institute of Health and Welfare provides the statistics (2021-22) for this grave offence:
- 1 in 8 adults witnessed domestic violence against a parent before age 15.
- 3 in 10 adults experienced childhood sexual abuse.
- 3 in 10 adults suffered emotional abuse by a caregiver.
- 1 in 11 adults experienced neglect.
- 2 in 5 adults were exposed to domestic violence as children.
2. Another factor that can make a parent opt for solo parenting is the other parent’s drug and/or alcohol abuse. Children do not need to know about such things because they are too young to understand how they work. Remember, children generally mimic their parents’ behaviour and activities.
3. Sometimes, a parent may also opt for sole custody if the other parent neglects their child or is not following the parenting plan. Neglect can take many forms such as:
- Forgetting to feed the child
- Refusing to take a child to school or in the hospital if they are sick
- Not helping with schoolwork or not playing/bonding with the child
Sometimes mentally ill parents come to a point where they cannot care for a child anymore.
My Ex Ran Away With Our Child: What Can I Do?
Relocation is also a factor for sole custody cases. Some parents relocate as far as possible to cut off contact from their negligent or abusive partner. However, in some cases, some relocate to seek a better environment for the child. Sadly, some relocate to spite the other parent without proper reason or consent. This is known as parental alienation which you can read about below.
Read: Parental Alienation: Definition & Case Study | JB Solicitors
How To Get Sole Custody?
Now, you may want to apply for sole custody. Maybe your partner wasn’t the best at being a parent or maybe they were abusive towards your child. If this is the case, you should seek custody immediately for your child. 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.
It becomes necessary to consider applying for sole parental responsibility if:
- 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’s life.
Let a Family Lawyer Help You Protect Your Child
It’s important to note that sole custody is the last legal resort to protect your child. Remember, family courts will give weight to the child’s best interests when they make legally binding parenting orders.
Do you know someone who wants to get a sole custody NSW order? 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 can assign a family dispute resolution practitioner that will assist you in a manner that is tailored to your custody case. Additionally, we have fixed-fee pricing for our family law services. This is the perfect payment method if you don’t want us beating around the bush for the costs.
Contact us and seek legal advice to get your family and custody issues addressed immediately
