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 call “full custody” usually refers to an order that (1) gives one parent sole parental responsibility for major long-term decisions, and (2) provides for the child to live primarily with that parent. Courts focus on the child’s best interests, with a strong emphasis on safety. Where there are serious concerns such as family violence, risk of harm, neglect, or substance misuse, the court may consider allocating decision-making to one parent.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Does “Full Custody” Mean in Queensland?
“Full custody” is not a legal term used by the courts. Under federal law, the court makes parenting orders that deal with:
Parental responsibility (who makes major long-term decisions about issues like education, health, name, religion/culture, and relocation), and
Living and time arrangements (who the child lives with and how they spend time and communicate with each parent or other significant people).
When people say “full custody,” they usually mean a combination of sole parental responsibility and orders that the child lives with one parent (with any time or communication with the other parent determined by what is safe and in the child’s best interests).
Common misconceptions
“Full custody” does not automatically mean the other parent has no time or communication; that depends on what is safe and in the child’s best interests.
Decision-making power is not automatic unless the order grants sole parental responsibility.
The court does not apply any presumption that parental responsibility must be shared; parenting orders are made by reference to the best interests factors, with safety a central consideration.
Who Can Apply for Orders Commonly Described as “Full Custody”?
Parents (married, de facto, or separated).
Grandparents and other persons concerned with the care, welfare or development of the child (for example, where they are significant carers).
In some circumstances, an independent children’s lawyer may be appointed to assist the court.
Jurisdiction and practicalities are addressed by the federal family courts. The court will consider the child’s connection to Australia and the court’s ability to make orders. If there are international issues (e.g., recent overseas relocation or abduction risks), additional laws and procedures may apply.
A child’s views can be considered (often via a family report or an independent children’s lawyer), with weight depending on maturity and circumstances. The child’s views are one factor among many; best interests remain paramount.
Grounds Commonly Relied On When Seeking Sole Decision-Making and Primary Care
Applications seeking sole parental responsibility and primary care are evidence-based. Common allegations (which must be proved with reliable material) include:
Family violence or exposure to family violence.
Risk of harm (including physical, psychological, or sexual abuse).
Neglect or failure to meet basic needs (health, education, supervision).
Substance misuse affecting safe parenting.
Untreated or severe mental health issues affecting capacity to parent.
Abandonment/disengagement from the child.
Risk of wrongful removal/relocation, including international travel risks.
Useful material can include police or medical records, protection orders, school records, expert reports, and witness statements.
How to Apply (Step-by-Step)
Get legal advice
Early, tailored advice helps you identify realistic outcomes, evidence needed, and any urgent protections (e.g., safety planning or interim orders).Family Dispute Resolution (FDR)
For most parenting applications, parties must attempt FDR and obtain a section 60I certificate, unless an exemption applies (for example, urgency or family violence/abuse). Keep any safety concerns front-and-centre when considering FDR.Prepare your documents
Initiating Application (parenting) setting out the final orders and any interim orders sought.
Affidavit (clear, relevant facts; annex only necessary documents).
Notice of Child Abuse, Family Violence or Risk (if applicable).
Any existing parenting plan, protection order, or relevant reports.
File and serve
File via the Commonwealth Courts Portal. Proper service on the other party is required. Seek directions from the registry or your lawyer if service is difficult or unsafe.First court event and interim stage
The court manages risk and may make interim orders about living/time and specific issues (e.g., supervised time, communication, medical decisions) pending final hearing.Family reports / expert evidence
The court may order a family report or appoint an independent children’s lawyer in appropriate matters.Final hearing and orders
After evidence is tested, the court makes final parenting orders guided by the best interests factors (with safety and protection from harm central). Possible outcomes include sole parental responsibility for all or specified issues, and live-with / spend-time orders crafted to the child’s circumstances.
Likely Costs (What to Expect)
Court fees apply to parenting applications (fee relief may be available for eligible applicants).
Legal fees vary with complexity (interim disputes, expert evidence, trial length).
FDR/mediation: free or low-cost options exist; private mediators charge fees.
Reports and experts (e.g., family reports, treating practitioners) may add to costs.
Ask your lawyer about proportionality, evidence that genuinely advances the case, and options to narrow issues to reduce expense.
Rights and Time/Communication for the Other Parent
Even where one parent is granted sole parental responsibility and the child lives primarily with that parent, the court will still consider safe time or communication with the other parent if appropriate. Options include supervised time, supported changeovers, indirect contact (e.g., phone/video), or—where necessary—no contact orders to protect the child. The touchstone remains the child’s best interests.
How VM Family Law Can Help
Clear, practical advice about realistic outcomes and risk-management.
Evidence strategy: what to collect, how to present it, and what not to include.
Court representation at interim and final stages.
Child-focused solutions, including safe parenting arrangements and workable, detailed orders.
Frequently Asked Questions (FAQs)
What is the legal term for “full custody”?
Courts make parenting orders about parental responsibility (decision-making) and living/time arrangements. If one parent has sole parental responsibility and the child lives with that parent, many people informally call that “full custody.”
Is there a presumption that parental responsibility is shared?
No. The court decides parental responsibility by reference to the best interests of the child, with safety and protection from harm central considerations.
Do I have to try mediation first?
In most cases, yes—Family Dispute Resolution and a section 60I certificate are required before filing, unless an exemption applies (e.g., urgency or family violence/abuse).
Will the court listen to my child’s views?
A child’s views can be considered (often via a family report or an independent children’s lawyer). Weight depends on maturity and circumstances; the child’s best interests remain paramount.
Can grandparents apply?
Yes. Grandparents and other people concerned with the child’s care, welfare or development can seek orders. The same best interests test applies.
What if there are family violence or risk issues?
Tell your lawyer and the court immediately. Risk is addressed at the earliest stage (including interim protection measures and tailored time/communication orders).
Final Thoughts
Seeking what’s often called “full custody” involves careful, evidence-based applications and orders that protect a child’s safety while promoting stability and healthy development. The right legal guidance helps you focus on what matters most: clear, child-focused outcomes that work in practice and uphold the child’s best interests.
If you’re unsure where to start—or need help urgently—VM Family Law can guide you through each step with clarity and care.
Official Information Sources
Queensland Law Handbook – Parenting, child protection and family law overviews
https://queenslandlawhandbook.org.au/Federal Circuit and Family Court of Australia – Parenting cases, filing, Family Dispute Resolution and section 60I certificates
https://www.fcfcoa.gov.au/Legal Aid Queensland – Parenting orders, family dispute resolution, domestic and family violence
https://www.legalaid.qld.gov.au/Queensland Government (Families & Legal) – Family and domestic violence, support services
https://www.qld.gov.au/families/legalFamily Relationships Online – Family Dispute Resolution, services and support
https://www.familyrelationships.gov.au/Queensland Law Society – Find a Queensland family law practitioner
https://www.qls.com.au/
