In Australian law the terms “full custody” or “sole custody” are not used in child custody matters. However, they are terms that are used by people in conversation.
For children of parents who are separated, divorced, or who are otherwise not in a relationship and do not live together, the Court may issue orders that determine:
- Who has parental
responsibilities for the child, such as decision-making about school, religion,
and health and other significant long term issues. - Who the child lives with,
whether that be in a single residence or shared time arrangement. - Who the child spends time with
separate to the parent that they live with, such as another parent,
grandparent, or family member. - How the child will communicate
with a parent that they do not live with.
In some cases, one parent will seek “full custody” of a child by:
- Having sole parental and
decision-making responsibility. - Being the only person that the
child lives with.
While it is possible for a child custody matter to result in “full custody” for one parent, it is not as common as you might think.
The Court will look at circumstances differently than most members of the general public. For example, the Court will not grant one parent sole custody of a child as consideration or “revenge” for infidelity that led to the breakdown of the relationship.
In Australia the Court is primarily concerned with the rights of children, not parents. Sole custody will only be ordered if it is determined to be in the best interest of the child.
Factors such as a history of drug abuse or domestic violence will be taken into consideration. But they might not disqualify one parent from access to their child, because the Court is always trying to strike a balance between the child maintaining a relationship with both parents, and the risk of future harm.
However, those factors may be included in the Court orders. For example, the Court may order that a parent submit to regular drug testing or attend counseling as part of the custody arrangements.
Each case is unique, and you should not assume that the factors that were present in one case (e.g. drug abuse) will automatically achieve the same outcome in your own matter.
If you have genuine concerns about your child’s custody arrangements, we recommend you speak to a lawyer to determine what steps can be taken.
