When parents separate in Australia, one of the biggest concerns is how parenting time will be divided. The legal system prioritises the child’s best interests, and outcomes can range from one parent having primary care to both sharing time in various arrangements.
A “50/50” care arrangement refers to the child spending roughly equal time living with each parent under a structured schedule. This article explains what equal time means, how the law treats it, and how fathers might approach shared parenting arrangements.
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: www.vmfamilylaw.com.au/contact
What Does “50/50 Child Custody” Mean in Australia?
In Australian family law, the phrase “50/50 custody” is not a legal term. The relevant legal concept is equal time under the Family Law Act 1975 (Cth). An “equal time” arrangement means a child spends approximately equal time with each parent.
The law also refers to parental responsibility, which covers decision-making about a child’s welfare, education, health and culture. For many separated families, decision-making is shared even if living time is not equal.
When Might Equal Time Be Considered?
Under the Family Law Act, the court must consider whether an equal time arrangement is reasonably practicable and whether it is in the child’s best interests. If not, the court may consider arrangements for “substantial and significant time”.
That means equal time is not automatic. The court assesses each family’s circumstances and will only order equal time if both parents can meet the child’s needs and logistics permit.
How Often Do Fathers Get Equal Time?
There is no publicly available statistic verifying how often fathers achieve equal-time parenting in Australia—or a clear break-down by gender — in the sources you provided. While it is possible for fathers to receive equal time, outcomes depend heavily on the specific facts of each case.
Fathers (and mothers) may end up with significant parenting time even if it is not exactly 50/50. What matters legally is whether the schedule serves the child’s best interests and is practicable.
Factors That Influence Shared Care Outcomes
Some of the key factors the court considers when deciding equal time or other parenting arrangements include:
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The child’s age and developmental needs.
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Whether both parents can communicate and co-operate in parenting.
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The practical logistics of each parent’s home and work arrangements.
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The distance between parents’ residences and the impact on the child’s schooling and stability.
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Any risks to the child’s safety, including exposure to family or domestic violence.
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The established care arrangements prior to separation.
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The child’s views (depending on their maturity).
These factors are drawn from the family law framework applied in Australia.
Practical Steps Fathers Can Take
Although there are no guarantees, fathers wishing to increase their chances of meaningful shared care might consider the following:
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Develop a detailed and realistic parenting plan that outlines living arrangements, school routines, holidays and communication methods.
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Stay actively involved in the child’s daily life: professional, school and extracurricular commitments.
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Maintain respectful and constructive communication with the child’s other parent — the ability to co-operate is viewed favourably.
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Keep records of your care arrangements: time spent, activities you attend, your role as parent.
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Obtain legal advice early — a family lawyer can help you understand the process, prepare for mediation (Family Dispute Resolution) and, if required, court proceedings.
Frequently Asked Questions (FAQs)
Can a father get 50/50 custody in Australia?
Yes — under Australian family law, a father (or any parent) may apply for equal time arrangements if the child’s best interests and practical logistics support it.
Does the court approve equal time automatically?
No. The law requires equal time to be both reasonably practicable and in the child’s best interests. If not met, other arrangements may be ordered.
Does a sole application or joint application matter for parenting time?
Parenting time outcomes are independent of whether a divorce or financial settlement is joint. What matters is the parenting order the court makes (or agreements parents reach) based on the child’s welfare and circumstances.
How does family violence affect equal time?
If there are risks to a child’s safety — such as exposure to family violence — the court’s priority is the best interests of the child. Safety concerns may mean equal time is not appropriate.
Is a parenting plan different from a consent order?
Yes. A parenting plan is an informal agreement between parents. A consent order is a legally binding court order. If something goes wrong, court-enforceable orders give more certainty.
Final Thoughts
At VM Family Law, we understand how important it is for fathers to maintain strong, meaningful relationships with their children after separation. While 50/50 custody isn’t guaranteed, we can help you build a practical and child-focused parenting plan that gives you the best chance of success.
Whether you’re seeking equal time, parenting orders, or support through family law mediation, our experienced team is here to guide you every step of the way. We also assist with child support, family dispute resolution, and all aspects of parenting arrangements in Queensland.
Call us on (07) 3447 8966 or visit www.vmfamilylaw.com.au to speak with a compassionate family lawyer and take the first step toward securing your parenting future.
Official Information Sources
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Queensland Law Handbook – Divorce and Separation / Parenting and Children
https://queenslandlawhandbook.org.au -
Legal Aid Queensland – Parenting and Children / Arrangements for Children After Separation
https://www.legalaid.qld.gov.au -
Federal Circuit & Family Court of Australia – Parenting Orders and Time With Children
https://www.fcfcoa.gov.au -
Queensland Government – Families and Legal Relationships
https://www.qld.gov.au/families/legal -
Family Relationships Online – Parenting After Separation
https://www.familyrelationships.gov.au -
Queensland Law Society – Family Law Resources
https://www.qls.com.au
