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Can a father get 50/50 custody in Australia?

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Can a father get 50/50 custody in Australia?

Yes, a father can get 50/50 custody in Australia.

Yet, several factors determine whether or not the father will obtain equal shared custody.

The first and foremost is whether 50/50 custody is in the best interest of the child/children involved.  The principle of ‘the best interest of the child’ is fundamental in Australian family law and will weigh heavily on the Court’s decision.

The Family Law Act 1975 specifies what needs to be considered when determining the child’s best interests. These include, but are not limited to:

  • The child’s wishes, bearing in mind their age and maturity level. 
  • The child’s relationship with each parent.
  • Your capacity to take care of the child’s needs.
  • Any history of family violence.

Fathers can also do many things during the Family Law Proceedings that can reflect positively when the Court is determining custody. Such as,

  • attending mediation,
  • being cooperative,
  • proving stability,
  • addressing concerns for the child’s safety
  • following court orders.

For your best chance at obtaining 50/50 custody, you should engage an experienced family law solicitor.

At The Australian Legal Practice, our family lawyers are dedicated to your family law matter and fiercely fight for your rights.  Call us today on (02) 8084 9929 to meet with a skilled family lawyer.

If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.

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