To get sole custody of your child, you need to rebut the presumption of equal shared parental responsibility and prove to a court that sole custody of your child is in your child's best interests.
In Australia, if you and the other parent cannot come to an agreement on custody, then either parent can apply to the court for a custodial order. Before making a decision, the court will need to be satisfied that such an order is in the best interests of the child.
Alternating weekends: A common 80/20 arrangement, the alternating-weekends schedule has the child live primarily with one parent and stay with the other parent every other weekend.
If a father is seeking to take a child away from the mother, he may need to initiate legal proceedings in the family court. A father may initiate proceedings by filing an application for time with the children.
50/50 schedules can benefit a child because the child spends substantial time living with both parents. This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. 50/50 schedules work best when: The parents live fairly close to each other, so exchanges are easier.
There is no rule that children must spend equal or "50:50" time with each parent. In most cases, it's best that both parents discuss their child's individual needs, and come to their own agreement about where a child will live, and how they will spend time with their parents.
Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution. Here's what to consider when negotiating child custody.
The most common arrangement is that the mother takes 66-84% custody of the child or children, while the father takes 14-34%.
Technically, mothers' rights vs fathers' rights do not exist in Australia. The Family Law Amendment Act 2006 changed the emphasis from the parents to the children; the term 'shared parental responsibility' is now used instead.
Violence or abuse, whether physical, emotional, or sexual, is one of the most serious reasons why a mother may lose custody. If the court determines that a mother has subjected her children to violence or abuse, she may lose custody, or her custody arrangements may be changed.
Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.
Even though women tend to win most custody battles, getting there can be tough.
A custody lawyer in Australia generally will charge between $350 – $650 per hour. A custody matter could cost between $5,000 – $10,000 if the matter is kept out of court. If the matter ends up in court, it could cost $20,000 – $80,000 on the very high end of things. Most matters do not end up costing that much.
There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. A child is legally a minor until he/she turns 18.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
If you are detained for questioning about a serious offence (e.g. murder, rape, robbery, assault, and break and enter) without any charge, the police can hold you for up to 8 hours, but can only question you for up to 4 hours however police can apply to a magistrate to extend the period to 12 hours.
Just one in 20 Australian fathers take primary parental leave1, which is a low number by global standards.
How often do fathers get 50 50 custody? According to the Australian Institute of Family Studies Fathers get 50 50 custody around 21% of the time. Only 3% of court-ordered parenting agreements involve no contact between children and their father, compared with 9% of the general separated population.
You know you want a divorce, and you are ready to leave your marriage. Yet you worry about your child. You want them to come with you, but if you leave your husband or wife, can you take your child? The short answer is no — you can't just take your child with you when you leave a marriage.
The median age of all mothers for births registered in 2016 was 31.2 years, while the median age of fathers was 33.3 years.
The father's rights after separation are equal in Australia, meaning, a father could have at least 50% time with their child. Both the mother and the father can make a parenting agreement or obtain a consent order regarding parental responsibility.
While joint custody and shared custody tend to be used when two separated or divorced parents share the care of their children, and sole custody is when one parent alone cares for the children – there's actually no single way that custody arrangements are set out.
A 2-2-3 schedule can work well for a toddler if the parents live close to each other. The following schedules can also work for a toddler: Alternating every 2 days schedule where your toddler alternates spending 2 days with each parent.
Split Custody
Each parent has sole custody of one or more children, and the other parent has it for the remaining children. Split custody is the least common type of arrangement.
Choosing Your Co-Parent
You can ask a close friend or family member, or find someone through online services like Modamily. The selection process needs to be taken seriously as this is your partner to raise a family with. Take into account job security, location, health, characteristic traits, religious views etc.