(Editor’s note: Latest update August 2025)
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 equally.
A 50/50 custody means the child spends equal time with each parent under a structured plan, but how often do fathers get 50/50 custody in Australia? In this guide, we’ll break down what 50/50 custody really means, how often it’s achieved, and what steps fathers can take to improve their chances.
Concerned about maintaining a meaningful role in your child’s life? Our team at VM Family Law provides tailored advice and support for fathers pursuing balanced parenting arrangements through a 50/50 custody. Speak with our compassionate Queensland family lawyers today at 07 3447 8966.
What Does 50/50 Child Custody for Fathers Mean in Australia?
In Australia, 50/50 child custody, more accurately known in legal terms as equal time arrangements, means that a child spends equal amounts of time living with each parent. It doesn’t just refer to alternate weekends or school holidays. It involves a balanced, structured parenting schedule where both parents are active participants in the child’s day-to-day life.
For fathers, this can mean weekday care, school drop-offs, homework support, and weekend activities, not just occasional visits.
Under the Family Law Act 1975, the courts start with the presumption of shared parental responsibility, which means both parents are expected to make major decisions about their child’s life together.
However, equal time is not automatic. The court must consider whether equal time is both reasonably practicable and in the best interests of the child. If it’s not, the court may consider substantial and significant time instead.
Legal Custody vs. Physical Custody
These terms often confuse people, so let’s clarify:
- Legal custody (sometimes used interchangeably with parental responsibility) refers to the decision-making power over essential aspects of a child’s life, such as education, health, religious upbringing, and international travel.
- Physical custody (or parenting time) refers to the child’s day-to-day living arrangements.
Both are essential, but equal time arrangements focus on physical care, while legal custody tends to be shared unless safety or other serious issues intervene.
How Often Do Fathers Get 50/50 Custody – in Reality?
There’s no set percentage for how often fathers receive 50/50 custody in Australia, as outcomes depend heavily on the specific facts of each case. However, research and court trends suggest that equal time arrangements are granted in a minority of cases.
The Family Court and Federal Circuit and Family Court of Australia will only consider 50/50 custody if it’s in the best interests of the child and reasonably practical.
Many fathers end up with significant time, rather than a strict 50/50 care arrangement, which can still involve weekdays, weekends, holidays, and special occasions. Courts assess whether the child will benefit from spending equal time with both parents.
Still, outcomes can vary widely depending on cooperation levels, family dynamics, and any safety concerns, such as family violence. While shared care is increasing, actual 50/50 custody remains less common.
Factors That Influence Shared Custody Care Outcomes
Reaching a 50/50 custody arrangement isn’t just about asking for equal time. The court looks closely at what’s best for the child and what’s realistic for the family.
Here are key factors that influence shared custody care outcomes:
- Child’s age and developmental needs – Younger children may need more consistency, while older children may adapt better to split arrangements.
- Parental cooperation – Courts favour parents who can communicate calmly and work together in the child’s best interests.
- Living arrangements and distance between homes – Equal time must be logistically practical, especially for school, routines, and social life.
- Work schedules and availability – A parent’s ability to be physically present and involved during their time with the child matters.
- History of parenting roles – Courts may consider who has been more involved in day-to-day care prior to separation.
- Safety and well-being concerns – Any issues of family violence, instability, or high-conflict behaviour can weigh against shared care.
- Child’s own views – Depending on the child’s age and maturity, their preferences may also be considered.
Common Barriers Fathers Face in Child Custody Cases
Even when a father is willing and capable of caring for his child, shared custody isn’t always straightforward. Several common barriers can stand in the way of achieving a balanced parenting arrangement.
Here are some of the key challenges fathers often face in child custody cases:
- Outdated gender roles – Courts have moved toward equality, but assumptions about mothers being the primary carer can still influence outcomes.
- Lack of documented involvement – Fathers who weren’t the main carer before separation may struggle to prove their capacity for day-to-day parenting.
- High-conflict relationships – Ongoing disputes, even without violence, can make 50/50 care appear unworkable to the court.
- Allegations of family violence – Whether proven or not, any claims of abuse trigger serious scrutiny under Section 60CA of the Family Law Act.
- Inflexible work arrangements – Shift work, long hours, or inconsistent schedules can affect a father’s availability for equal parenting time.
- Limited legal support – Without proper legal advice or representation, fathers may miss key opportunities to present a strong case.
How Fathers Can Improve Their Chances of 50/50 Custody
Courts won’t grant 50/50 custody simply because it’s requested. It must be proven to be workable and beneficial for the child. Fathers who want equal care must demonstrate consistency, commitment, and cooperation.
Here are practical ways fathers can improve their chances of 50/50 custody:
Create a detailed parenting plan
A clear, written plan shows that you’ve thought through how shared care will work. It should include parenting schedules, school logistics, communication methods, and holiday arrangements.
Stay actively involved in your child’s daily life
Attend school events, medical appointments, and extracurricular activities. Courts look at hands-on involvement, not just interest.
Maintain respectful communication with the other parent
Courts favour parents who can work together for the child’s sake. Avoid conflict and use tools like co-parenting apps to keep communication structured.
Document your parenting efforts
Keep records of time spent, activities, and expenses related to your child. Evidence helps back up your commitment in court.
Complete parenting courses or mediation if needed
Showing a willingness to improve or resolve disputes constructively can boost your credibility. It also shows you’re putting the child’s well-being first.
Seek legal advice early
A qualified family lawyer can guide you through the process and help avoid common mistakes. Proper support increases your chances of achieving a fair and lasting agreement.
Not sure how to move forward with shared care? Let VM Family Law guide you through the process of parenting agreements, Consent Orders, and formal custody arrangements. Speak with our knowledgeable Queensland family lawyers today by calling us at 07 3447 8966.
Frequently Asked Questions
Can a father get 50/50 custody in Australia?
Yes, under Australian family law, fathers can get 50/50 custody if it’s in the child’s best interests and practical for the family. Courts assess each case individually and may grant shared parenting through parenting orders or Court Orders if both parents are capable and willing to cooperate.
How to get 50/50 custody in Australia?
To achieve 50/50 custody, separated parents should first try reaching a parenting agreement through Family Dispute Resolution Services. If agreement isn’t possible, you can apply for parenting orders through a family law court, and the court will make a decision based on the child’s interests and established legal standards.
Is it hard for dads to get 50/50 custody?
It can be challenging, especially if there’s conflict, lack of prior involvement, or concerns about child safety. However, fathers who demonstrate consistent parenting, cooperation, and a clear plan for shared care arrangements can improve their chances in child custody disputes.
Which parent is more likely to get custody?
Courts no longer assume one parent will automatically have primary custody. Custody decisions are based on the child’s best interests, including emotional stability, routine, and both parents’ involvement. The court aims to support the child, not favour either parent.
How much child support should I pay with 50/50 custody in Australia?
With shared care, child support is calculated based on income and the percentage of care each parent provides. Even with equal time, one parent may still be required to contribute, depending on income differences and custody schedules.
What’s the difference between a parenting plan and a Consent Order?
A parenting plan is an informal written agreement between separated parents. A Consent Order is a legally enforceable agreement approved by the family law court, carrying the same weight as any Court Order and can be enforced if not followed.
Can family violence allegations completely prevent shared care?
Yes, if allegations are substantiated, they can prevent shared care arrangements to protect child safety. Courts take such claims seriously and must prioritise the child’s interests under legal standards set by Australian family law.
Do I need to go to court to get 50/50 custody?
Not always. Many separated parents reach agreements through Family Dispute Resolution Services without needing court proceedings. But if no agreement is reached, you may need to start legal proceedings in a family law court to seek formal parenting orders.
Final Thoughts
Achieving 50/50 custody is possible, but it requires more than just a request. It demands clear planning, legal understanding, and a strong focus on the child’s well-being. While there’s no one-size-fits-all answer to how often do fathers get 50/50 custody in Australia, the outcome often depends on preparation, cooperation, and presenting a practical, child-focused case.
If you’re a father in Queensland seeking equal parenting time, the right legal support can make a significant difference. The experienced Queensland family lawyers at VM Family Law are here to guide you through every step, from parenting agreements and dispute resolution to formal Court Orders.
Call us today at 07 3447 8966 for professional, compassionate advice tailored to your situation.
