Parenting disputes can be emotionally challenging, especially when one parent seeks sole custody of a child. In Queensland, the legal system prioritizes the best interests of the child, making sole custody orders rare unless exceptional circumstances exist.
If you’re considering applying for sole custody, this guide will walk you through the process, legal requirements, and key factors the court considers. By the end, you’ll have a clearer understanding of whether sole custody is the right path for your situation.
Understanding Sole Custody in Queensland
First, let’s clarify what “sole custody” means in Queensland. The term is no longer used under the Family Law Act 1975 (CWA). Instead, the law refers to:
- Parental Responsibility – The duty to make major long-term decisions for the child (e.g., education, health, religion).
- Living Arrangements – Where the child primarily lives.
- Spend Time Arrangements – How much time the child spends with each parent.
When people say “sole custody,” they usually mean sole parental responsibility, where only one parent makes all major decisions, and the child lives primarily with them.
When Might Sole Parental Responsibility Be Granted?
Courts generally prefer equal shared parental responsibility, meaning both parents have a say in major decisions. However, sole responsibility may be granted if:
✅ There is evidence of family violence, abuse, or neglect by the other parent.
✅ The other parent is unfit due to substance abuse, mental health issues, or criminal behavior.
✅ The other parent is absent or unwilling to be involved in the child’s life.
✅ Shared decision-making would harm the child’s wellbeing.
If any of these apply to your situation, you may have a case for sole parental responsibility.
Step-by-Step Process to Apply for Sole Custody
1. Attempt Mediation (Family Dispute Resolution – FDR)
Before going to court, you must try mediation (unless exemptions apply, such as family violence). A registered FDR practitioner helps parents negotiate parenting arrangements.
🔹 Did you know? If mediation fails, you’ll receive a Section 60I Certificate, allowing you to proceed to court.
2. File an Application with the Federal Circuit and Family Court of Australia (FCFCOA)
If mediation doesn’t resolve the issue, you can file:
- An Application for Parenting Orders (if no previous orders exist).
- An Application to Change Existing Orders (if modifying a current arrangement).
You’ll need to submit:
✔ A Genuine Steps Certificate (proving you attempted mediation).
✔ An Affidavit (a sworn statement explaining why sole custody is necessary).
✔ Any supporting evidence (e.g., police reports, medical records, witness statements).
3. Attend Court Hearings
The court process may involve:
- Interim hearings (temporary orders while the case is ongoing).
- Final hearings (where a judge makes a binding decision).
The judge will consider:
🔸 The child’s safety and wellbeing (most important factor).
🔸 The child’s relationship with both parents.
🔸 Any history of family violence or risk factors.
🔸 The child’s wishes (if they’re mature enough to express them).
4. Await the Court’s Decision
If the court grants sole parental responsibility, you’ll have full decision-making power. The other parent may still have spend time arrangements, unless the court finds it unsafe.
What Evidence Do You Need for Sole Custody?
To strengthen your case, gather:
📌 Police or Domestic Violence Orders (DVOs) – Proof of abuse or violence.
📌 Medical or Psychological Reports – If the other parent has addiction or mental health issues.
📌 School or Childcare Records – Showing neglect or lack of involvement.
📌 Witness Statements – From family, friends, or professionals.
📌 Texts, Emails, or Social Media Proof – Of harmful behavior.
⚠️ Pro Tip: Keep a parenting diary documenting incidents (e.g., missed visits, concerning behavior).
Challenges in Getting Sole Custody
Courts favor shared parenting unless there’s a compelling reason against it. Common hurdles include:
❌ Lack of Strong Evidence – You must prove sole custody is in the child’s best interests.
❌ False Allegations – Courts scrutinize claims of abuse; unfounded accusations can backfire.
❌ Parental Alienation – Trying to cut off the other parent without justification may hurt your case.
If the other parent opposes your application, be prepared for a lengthy legal battle.
Alternatives to Sole Custody
If sole custody seems unlikely, consider:
🔹 Supervised Visitation – If the other parent poses a risk, the court may order visits in a controlled setting.
🔹 Limited Decision-Making – One parent handles certain decisions (e.g., medical or schooling).
🔹 Parallel Parenting – High-conflict parents make decisions separately without direct contact.
Frequently Asked Questions (FAQs)
Q: Can I get sole custody if the other parent doesn’t show up to court?
A: Yes, if the other parent doesn’t respond, the court may grant default orders in your favor.
Q: How long does the process take?
A: Simple cases: 3–6 months. Complex cases: over a year.
Q: Can a child choose which parent to live with?
A: A child’s wishes are considered but aren’t decisive—the court weighs maturity and reasoning.
Q: What if the other parent violates custody orders?
A: You can file a Contravention Application—penalties include fines or changed orders.
Final Thoughts: Is Sole Custody Right for You?
Sole custody is a serious legal step that should only be pursued if the child’s safety is at risk. Before proceeding:
✔ Consult a family lawyer for tailored advice.
✔ Explore mediation—sometimes, disputes can be resolved outside court.
✔ Focus on the child’s needs—court decisions hinge on their best interests.
What’s Your Next Step?
Are you considering sole custody? Have you faced challenges with shared parenting? Share your thoughts or questions below—we’d love to hear from you!
Need Legal Help? 🚀
If you’re ready to take the next step, contact a Queensland family lawyer today for a confidential consultation.
