Applying for full custody of a child is one of the most emotionally difficult and legally complex decisions a parent can face.
In Queensland, what many refer to as “full custody” often means having both the authority to make major decisions and having the child live with you most of the time. For parents, it’s about ensuring their child’s safety, stability, and well-being, especially when serious concerns like family violence, neglect, or substance abuse are involved.
But the process can feel overwhelming, with legal jargon, strict procedures, and tough emotional hurdles standing in the way. If you’re considering this step, understanding the legal system and your rights is essential.
In this article, let’s break down exactly what full custody means, what it entails and how to apply for it in Queensland.
Need trusted family lawyers in Ipswich & Greater Springfield? VM Family Law offers expert guidance across Queensland to help you through every step of your child custody application journey.
What Does Full Custody Mean in Queensland?
In Queensland, the term “full custody” is commonly used by parents, but it’s not an official legal term. Under the Family Law Act 1975, the correct terms are parental responsibility and living arrangements.
Parental responsibility refers to the legal authority to make important decisions about a child’s life—such as medical care, education, religion, and travel. When one parent is given sole parental responsibility, they alone have the legal right to make these decisions.
On the other hand, living arrangements determine where the child primarily lives and how much time they spend with each parent.
So, when people talk about “full custody,” they usually mean a combination of sole parental responsibility and the child living with them full-time. But the court rarely uses that phrase.
Common Misconceptions:
- Full custody doesn’t always mean no contact with the other parent.
- It doesn’t automatically include decision-making power unless sole parental responsibility is ordered.
- The Family Court often encourages shared responsibility, unless there’s a serious risk to the child’s wellbeing.
Understanding the difference helps you better prepare for your custody application and avoid confusion in court.
Who Can Apply for Full Custody of a Child in Queensland?
Not everyone can apply for full custody of a child in Queensland. The court only accepts applications from those who have a genuine and legal connection to the child’s care and well-being.
Who Can Apply:
- Biological parents – Whether married, de facto, or separated, either parent can apply.
- Legal guardians – Appointed by the court or under a guardianship order, they can seek custody if actively caring for the child.
- Grandparents – Can apply in special circumstances, especially if they’ve been the child’s primary caregiver or there are serious concerns about the parents.
Residency Requirement
In Queensland, there is no formal rule requiring parents or applicants to be long-term residents of the state. However, the child must be habitually residing in Australia at the time the application is made.
This means the child must be living in Australia as part of their regular, day-to-day life—not just visiting temporarily.
The application must fall within the jurisdiction of the Federal Circuit and Family Court of Australia (FCFCOA). If the child or either party is overseas or the child was recently taken out of Australia, international custody and relocation laws may apply, adding legal complexity.
In such cases, applicants may need to provide evidence of the child’s habitual residence or address international travel concerns as part of their case.
Age of the Child
There is no set age that prevents or allows a custody application to be made. Custody applications can be made for children of any age under 18.
However, the child’s age, emotional development, and maturity can affect how the court evaluates the case. For children aged 12 and over, the court may give more weight to their preferences if they’re considered mature enough to form a reasoned, independent view.
This is often supported by input from a family consultant, independent children’s lawyer, or psychological reports. That said, the child’s views are only one factor; their safety and best interests remain the court’s top priority.
Grounds for Applying for Full Custody of a Child
Applying for full custody in Queensland isn’t about personal conflict — it’s about protecting a child’s safety and wellbeing. The court needs solid, fact-based reasons to consider awarding sole parental responsibility and primary care.
Common Grounds for Applying for Full Custody:
- Family Violence: Any history of physical, emotional, or psychological abuse toward the child or another parent is a serious factor. Courts prioritise the child’s right to be safe from harm under section 60CC of the Family Law Act 1975.
- Neglect: If a parent has failed to provide basic care—like food, supervision, schooling, or medical treatment—the court may intervene to protect the child’s welfare.
- Substance Abuse: Ongoing drug or alcohol misuse by a parent that affects their capacity to parent safely can be grounds for seeking full custody.
- Mental Health Issues: Untreated or severe mental health conditions that impair a parent’s judgment, stability, or ability to meet the child’s needs may also be considered.
- Abandonment or Disinterest: If one parent has voluntarily withdrawn from the child’s life or shows no interest in involvement, the court may grant sole responsibility to the remaining parent.
- Risk of Abduction or Relocation: If there’s a real risk the other parent may relocate the child without consent (especially overseas), full custody may be considered as a preventive measure.
- Child Abuse Allegations: Any credible allegations or findings of abuse—whether by a parent or someone in their household—must be addressed with strong evidence and will be taken very seriously.
To support these claims, you’ll need documentary evidence such as police reports, medical records, child safety involvement, or statements from teachers, counsellors, and witnesses.
How to Apply for Full Custody of a Child in Queensland
Applying for full custody in Queensland involves more than just filling out forms. It’s a complex process governed by strict legal rules.
To make a strong case, you need the right documents, reasonable grounds, and a focus on the child’s best interests. Here’s a step-by-step guide tailored to Queensland’s child custody laws:
1. Get Legal Advice
Before starting the custody process, it’s essential to speak with child custody lawyers experienced in family law matters. They can explain your rights, help assess your care arrangement, and guide you on how to seek sole custody based on your situation.
A lawyer will also help you understand whether your circumstances involve domestic violence, child protection, or a breach of an existing parenting plan — all of which affect your chances and approach.
2. Attempt Family Dispute Resolution (FDR)
Australian courts require most parenting applications to go through Family Dispute Resolution first. This means meeting with a family dispute resolution practitioner to try and reach an agreement through family dispute.
If you can’t agree on parenting arrangements, you’ll receive a Section 60I certificate, which you’ll need to attach to your court application. Exceptions apply in urgent situations like family violence or high-risk child protection concerns.
3. Complete the Application Form and Gather Documents
You must submit an official application form through the Federal Circuit and Family Court of Australia. This form outlines your request for primary custody, custody arrangements, and decision-making authority.
Along with the form, prepare and attach:
- Affidavit explaining your case
- Existing parenting plan or verbal agreement (if applicable)
- The child’s birth certificate
- Any evidence of parentage (if required)
- Any current child support application
- Reports from a health professional if health care or mental health is an issue
- Police reports or medical files showing history of domestic violence or abuse
- School documents showing impacts on education or extracurricular activities
4. File Your Parenting Application with the Court
Once complete, your parenting applications must be lodged with the Family Court or Federal Circuit Court depending on your location and circumstances. You can submit online via the Commonwealth Courts Portal or in person.
After lodging, you must “serve” the other parent; this means giving them a copy of your application, so they’re informed and can respond. If you’re unsure how, your lawyer or the court registry can help.
5. Prepare for the First Court Hearing
The court will review your application and may issue interim custody arrangements until a final custody decision is made. The judge will consider factors such as:
- Whether the child is safe
- Who has been their primary caregiver
- How decisions about health care and schooling have been handled
- Whether there’s been consistent involvement in the child’s extracurricular activities
This is your first chance to show the court your intentions to act in the child’s best interests. It’s also the time when a permanent guardian may be considered, especially in high-risk child protection cases.
6. Final Hearing and Orders
At the final hearing, the court makes long-term decisions about custody arrangements, including primary custody, contact schedules, and decision-making authority.
Courts will examine all documentary evidence, witness testimonies, and expert reports. They aim to protect the child’s safety while supporting stability in areas like education, family contact, and health.
The final custody decision may grant one parent sole custody or a shared arrangement, depending on what’s in the child’s best interests.
This process can take several months to over a year, depending on how complex your case is and whether there are allegations involving domestic violence, child protection, or high conflict.
Facing a complex custody process in Queensland? Speak with trusted child custody lawyers at VM Family Law in Ipswich & Greater Springfield for clear, compassionate guidance tailored to your family’s needs.
Costs of Applying for Full Custody in Queensland
Applying for full custody in Queensland involves several upfront and ongoing costs. Knowing what to expect can help you plan and avoid delays.
Typical Costs:
- Court Filing Fee: Around $365 for a parenting order application (2025 rate). Fee waivers may apply if you’re experiencing financial hardship.
- Legal Fees: Child custody lawyers may charge between $2,000–$15,000+, depending on case complexity and court time.
- Mediation: Private Family Dispute Resolution can cost $200–$500 per session, but Legal Aid and community centres may offer free options.
- Expert Reports: Assessments from psychologists or health professionals can range from $800–$3,000+.
- Other Costs: Include service fees, travel, document prep, and interpreters if needed.
Rights of the Other Parent
Even if one parent is granted full custody—meaning sole parental responsibility and primary care—the other parent may still have rights. The court may allow supervised visits, phone contact, or regular time with the child, depending on the circumstances.
These custody arrangements aim to keep the child safe while supporting a healthy relationship, where appropriate. In serious cases involving domestic violence, abuse, or risk of harm, the court can limit or deny contact altogether.
However, any decision is based on the best interests of the child, not the preferences of either parent.
How VM Family Law Can Help with Child Custody Cases
Child custody cases can feel overwhelming without the right support. Having experienced legal guidance makes a real difference in both outcome and peace of mind.
How our family lawyers can help:
- Clear Legal Advice: We explain your rights, responsibilities, and options under Queensland’s child custody laws in plain English.
- Strong Case Preparation: From collecting evidence to preparing your application form, we ensure every detail supports your case.
- Court Representation: Our lawyers stand by you in court, advocating for the best outcome for you and your child.
- Child-Focused Approach: We prioritise what matters most—your child’s safety, stability, and well-being.
Need help applying for full custody? Contact VM Family Law today on 07 3447 8966 or visit vmfamilylaw.com.au to speak with our expert and compassionate family lawyers in Ipswich, Greater Springfield, and across Queensland.
Frequently Asked Questions (FAQs)
What is the best way to do 50/50 custody?
The most effective 50/50 child custody arrangements involve mutual cooperation, a stable schedule, and open communication about the child’s needs. Parents should agree on responsibilities like curriculum-related activities, recreational activities decisions, and the decision about consent for education, medical, and travel matters.
How do I get 100% custody of my child in Australia?
To seek sole or 100% custody, you must provide primary evidence showing it’s in the best interests of the child subject, often due to a risk of child abuse, neglect, or serious health risks. The court may also consider the presence of a person of significance in the child’s life and the nature of family contact with each parent.
What is the healthiest custody arrangement for kids?
The healthiest child custody arrangements focus on the child’s safety, emotional stability, and consistent routines—whether through shared or long-term guardianship. When both parents are involved in the decision-making process and act as responsible authority holders, outcomes generally benefit the child’s wellbeing.
What evidence is needed for sole custody?
Courts require primary evidence like police reports, school records, and letters of advice from professionals to support claims for sole custody. Documents showing health risks, child care centre concerns, or involvement in any Type of child protection action can strengthen your case.
How much does it cost to go to court for child custody in Australia?
The cost of travel, travel insurance, approval for travel costs, and legal fees can make custody cases expensive, ranging from a few thousand dollars to over $15,000 depending on complexity. Other costs may include parenting consent form preparation, child support matters, and assessments under the child support scheme.
Final Thoughts
Applying for full custody of a child is a deeply personal and emotional process that requires clear steps, the right support, and a strong focus on your child’s wellbeing. Whether you’re facing serious safety concerns or simply trying to bring stability into your child’s life, understanding your rights and the legal process makes all the difference.
If you’re feeling unsure about where to start or what comes next, you’re not alone—help is available.
Talk to the family lawyers at VM Family Law in Ipswich, Greater Springfield, and across Queensland. Call 07 3447 8966 or visit vmfamilylaw.com.au today for clear advice and caring support every step of the way.
