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How Do I Get Sole Custody Of A Child In Queensland The Right Way?

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how do i get sole custody

Child custody cases are the most important concern for separating parents. While the vast majority of parenting arrangements include either joint care or visitation rights for one other parent, this isn’t always the case. There are cases that warrant full custody arrangements. If you’re wondering, “How do I get sole custody?” it’s important to understand what sole custody means and the steps involved in organising it. Let’s explore what it entails and how to begin the process. Let’s look at what sole custody means and how to organise it.

Key takeaways

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What is custody in family law?

Australian family law system approaches parenting agreement through two broad areas: living arrangements and sole parental responsibilities. Co-parenting arrangements can take different forms depending on how those areas are handled. The overriding consideration is what is in a child’s best interests.

  • Child’s living arrangements. Parents must determine who the child will live with and when, and visitation rights if applicable.

  • Sole parental responsibilities. Parents are responsible for making significant long-term custody decisions about their child’s wellbeing. This may include healthcare, education, and cultural or religious instruction.

Family Law Act amendments

Amendments to the Family Law Act 1975 made in 2023 changed the Federal Circuit Court and Family Court’s approach to sole parental responsibility. One of the major changes was removing the assumption of equal shared parental responsibility. Where previously the Family Court would begin with the belief that co-parents should share responsibilities, it now considers only what is in the best interests of the child’s support. This new focus can make applying for sole custody easier.

Understanding full custody

Kisses of Autumn A child and mother's Tender Moments.

Parents can take sole child custody and child support under various circumstances. Sole custody arrangements may apply to living arrangements, parental responsibilities, or both.

  • Sole physical custody. It’s common for one other parent to be the primary caregiver for a child’s well-being. However, in some circumstances, the other parent may not have any visitation rights or percentage of care.

  • Sole parental responsibility. Parenting plans generally include shared parental responsibility. In a sole responsibility situation, one other parent will have the sole discretion to make decisions on long-term issues. This sole discretion may be over one area, such as the child’s education, or all areas.

Applying for sole custody parenting orders

mom fixing the custody documents

The court prefers that both parents are meaningfully involved in their child’s life. However, there are cases where a judge will deem it appropriate to grant sole custody to the other parent. Here are some factors that family court orders for intervention may consider in full custody decisions.

How do I get sole custody

  • History of family violence. If there’s a risk of child abuse or exposure to domestic violence or any family violence, the court orders will take that as a reason to remove the offending other parent from the child’s upbringing. Such a serious accusation of child abuse will require supporting evidence of the family violence. That may include police reports, medical records, or an existing family violence order.

  • Absentee parent. One parent may demonstrate a disinterest in being involved with the child’s upbringing. If they make no effort to maintain contact or follow an existing parenting plan, the court may grant sole custody to the other parent.

  • Lack of capacity. One other parent may not have the ability to fulfil their parental duties. This may be due to severe mental disability, chronically irresponsible behaviour such as substance abuse, or the lack of stability in the child’s living arrangement.

  • Family dispute resolution. The court may expect you to meet with a family dispute resolution practitioner before you seek legal advice for sole custody.

From our clients

The most amazing and professional team who really understood my plight and fought for me and my daughter and won. My advice - listen to the advice. The team at Shanahan Lawyers know what they're talking about.

- Jayne Taylor

Custody cases can be stressful. But with the right family lawyer, you can achieve the right outcome. Our team is experienced with arranging parenting plans through family dispute resolution or family court proceedings for a legally binding parenting order.

happy children gathering

Conclusion

Child custody arrangements are one of the most important and sensitive family law matters. Parenting plans can be tailored to suit the optimal living arrangements and parental responsibilities that prioritise a child’s welfare and child’s life. While equal shared parental responsibility is the starting point under the Australian Family Law Act, there are circumstances in family law, such as cases involving family violence, where the court may consider granting sole parental responsibility in the parenting order. If you’re asking, “How do I get sole custody? ”, it’s important to understand that the legal process has evolved in recent years. The court will assess a range of factors before issuing orders, always focusing on what’s in the best interests of the child.

Would you like to seek legal advice? Book a free custody consultation with our Maroochydore team.

The above information is intended to be general advice only and is not a substitute for personalised advice.  Because it does not consider your individual circumstances, it is not intended to be relied upon and any loss or damage arising from any such reliance is disclaimed.  Any financial or legal decisions should only occur after you have received tailored advice from a legal or financial professional.

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Luke Shanahan

Principal

Luke Shanahan is the Principal Solicitor of Shanahan Family Law. Luke has been practising family law since 2008 and started his firm in 2014. He has three beautiful daughters and a supportive, gorgeous wife. In his spare time, Luke enjoys playing tennis and trips to the beach with family and friends. 

Luke is dedicated to providing the best possible legal representation for his clients. His experience and passion for family law set him apart from other solicitors. You only have to read their 5-star reviews to understand that.

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