How do I get sole custody of my child in Australia?

There are two main ways of gaining sole custody of your child in Australia.

The first involves the agreement of both parents that one will be awarded sole custody, sometimes referred to as full custody. 

Agreement can come in the form of a parenting plan drawn up by your solicitor outlining each parent’s responsibilities concerning the child or children. While parenting plans are not legally binding, there can be legal consequences for breaching the signed plan. 

Otherwise, you may choose to seek court-approved consent orders if you require the security of a legally binding document. 

Yet, if the other parent does not consent, you must apply to the Family Court and seek parenting orders that grant you sole custody. The court will consider several factors when determining whether to award sole custody. Like all family law matters, the child’s best interests are at the forefront of any Court order.

Family law is often very complex, and the support of a legal practitioner is essential to ensure that your rights are maintained and protected. 

Whether you have a custody dispute with your partner or need an amicable parenting plan, you can trust the experienced family law solicitors at The Australian Legal Practice. 

Call us today on (02) 8084 9929 to book a consultation. 

Having the right child custody lawyer can make a world of difference.