Key Takeaways
- A parent can apply for full custody of a child if the other parent puts the child’s safety at risk or can’t meet the child’s needs.
- Grounds for full custody include domestic violence, neglect, abandonment, substance abuse, or unfit parenting.
- All grounds for full custody must be proven to the court before it is granted.
What Is Full Custody?
In Australia, what is often referred to as ‘full custody’ is legally called ‘sole parental responsibility’. This is when the court grants one parent full decision-making authority for the child, in support of the child’s best interests. This decision is made only if shared responsibility poses a risk to the child’s well-being and safety.
When You Have A Right To Apply For Full Custody
In some cases, one parent may have genuine concerns about the other’s ability to provide safe and appropriate care for the child. These situations can be emotionally difficult for everyone involved. While legally there are no fixed ‘grounds’ for full custody in Australia, a parent has the right to apply for it, provided they can supply evidence. The court will decide whether the change supports the child’s best interests.
Domestic violence or abuse
Family violence or abuse is a serious issue that can have lasting effects on every member of the family. Australian family courts take this matter very seriously, especially if there is evidence that a child or person is at risk of harm. The court will consider whether a parent applies for full custody to protect the child’s physical, emotional, or psychological well-being.
Neglect of the child
A parent neglecting their duties to care for a child and provide for them may look like failing to provide adequate food, shelter, supervision, or medical care. This is considered child harm by NSW child-protection authorities and is an essential factor for Australian family courts when granting parenting orders. A parent can apply for full custody to ensure the child’s basic needs are met.
Substance abuse
When a parent’s drug or alcohol dependence affects their ability to provide a safe and consistent home environment, the court will assess what resolution will support the child’s best interests. This often looks at the nature and seriousness of the substance abuse, the impact this has on the child’s safety, and whether the risks can be managed or reduced through treatment.
Abandonment of the child
While ‘abandonment’ is not a formal legal label in family law, a parent’s prolonged absence, refusal to maintain contact, or abandonment of parental duties is relevant evidence. The court will mostly consider the stability and welfare of the child’s life, while balancing the benefits of a relationship with both parents against any risk of harm.
Grandparents may also have rights to apply in certain situations. Learn more here:
Unfit parenting
The court considers a parent’s capacity to meet a child’s emotional, educational, or physical needs before granting a parenting order. Evidence such as serious unmanaged mental health issues, criminal behaviour, or the inability to maintain a safe home environment weighs heavily in the court’s assessment. However, each case assesses the risks they pose to the child’s safety and well-being.
What You Need To Apply For Full Custody of a Child
The court can grant successful applications for parenting orders, provided they include the necessary evidence. This includes documentation, witness statements, parenting records, and more.
You can use:
- Testimonies from relatives, family friends, or professionals
- Medical records and history
- Evidence of family violence
- Police reports
- Personal logs or records, missed visitations, lack of involvement, or neglect.
When To Get A Family Lawyer Involved
Applying for a parenting order with the intention of obtaining full custody of a child can involve complicated legal standards. If you’re unsure about how to apply, what evidence you need, or the process involved through the court, speak to a trusted, friendly lawyer. Hebblewhite Lawyers is a professional and compassionate family law firm with expertise in guiding families through difficult legal situations. Contact our friendly team to discuss your needs today.
