Sole custody is often sought by parents who believe their child’s safety, stability, and well-being depend on one parent making all major decisions. In Australia, this means one parent has sole parental responsibility, giving them full authority over important aspects of the child’s life, such as education, medical treatment, and religious upbringing.
In such cases, family lawyers can provide legal advice, help gather strong evidence, and represent parents in court, ensuring the best possible outcome in complex custody arrangements.
If you’re considering sole responsibility, it’s crucial to understand the legal process, eligibility requirements, and evidence needed to support your case. This guide will walk you through the key steps to help you navigate the family law system in Queensland.
What Is Sole Custody?
In Australia, sole custody is legally referred to as sole parental responsibility under the Family Law Act 1975. This means one parent has the exclusive right to make major long-term decisions about their child’s welfare, including education, healthcare, and religious upbringing.
Unlike joint custody, where both parents share decision-making authority, sole custody gives one parent full legal responsibility.
Sole Physical Custody vs. Sole Legal Custody
While Australian law does not explicitly use these terms, they are often used to describe different aspects of custody:
- Sole Physical Custody – The child lives with one parent full-time, and the other parent may have limited or no visitation.
- Sole Legal Custody – One parent has exclusive decision-making authority over major issues, even if the other parent has some parenting time.
Sole Custody vs. Joint Custody
- Sole Custody – One parent has full responsibility for long-term decisions and, in some cases, day-to-day care.
- Joint Custody – Both parents share decision-making responsibilities, even if the child lives primarily with one parent.
Courts generally prefer joint custody, but they may grant sole custody if it is in the child’s best interests.
Common Reasons Why Courts Grant Sole Custody
Courts do not grant sole parental responsibility lightly. The primary consideration is always the child’s safety and well-being. Here are some common reasons courts make this decision:
- History of Family Violence – If there is evidence of family violence, the court may rule that one parent should have sole responsibility to protect the child from harm.
- Domestic Violence or Child Abuse – Allegations or proven cases of abuse—whether physical, emotional, or psychological—can result in sole custody orders.
- Substance Abuse or Mental Health Issues – If a parent struggles with alcohol abuse, drug dependency, or untreated mental illness, they may be deemed unfit to share custody.
- Neglect or Inability to Provide Adequate Care – Courts assess whether both parents can provide a stable home environment. If one parent is unable or unwilling to meet the child’s needs, sole custody may be granted.
- Abandonment or Lack of Involvement – If one parent has been absent from the child’s life or does not make an effort to be involved, the court may decide it is in the child’s best interests to have one primary caregiver.
- Ongoing Conflict Between Parents – If parents cannot communicate or cooperate, and ongoing conflict is affecting the child, the court may grant sole custody to ensure stability and consistency.
When considering sole custody cases, courts rely on persuasive evidence, including police reports, school records, and testimonies from legal professionals. The goal is always to ensure the child has a safe, nurturing, and supportive environment.
Who Can Get Sole Custody?
Any parent can apply for sole custody (legally referred to as sole parental responsibility) in Queensland. In exceptional cases, grandparents or other close relatives may also apply for custody if both parents are unable to provide adequate care.
However, the court does not automatically grant sole responsibility, as it prioritises the child’s best interests under the Family Law Act 1975.
Sole custody is only awarded if it is essential for the child’s safety, stability, and well-being. The court carefully assesses the family situation, caregiving abilities, and any potential risks before making a decision.
While joint custody is generally preferred, sole responsibility may be granted if one parent is unfit, absent, or unwilling to provide adequate care. If a non-parent family member is applying, they must prove that living with them is in the child’s best interests and that neither parent can provide proper care.
What Factors Influence a Judge’s Decision?
When determining custody cases, the court considers a range of factors, including:
- The child’s best interests – This is the primary consideration in all child custody matters. The court assesses what arrangement will provide the most stable, loving, and secure environment.
- The child’s relationship with both parents – If one parent has been the primary caregiver, they may have a stronger case for sole custody. However, courts also recognise the importance of maintaining a meaningful relationship with both parents.
- Parental behaviour and ability to provide care – A judge will consider whether each parent can provide adequate care, a stable home, and financial stability.
- History of family violence or child abuse – If there is evidence of family violence, child abuse, or neglect, the court may determine that joint custody is unsafe.
- Parental conflict and cooperation – If parents have ongoing conflict or cannot communicate effectively, sole custody may be granted to one parent to reduce emotional stress on the child.
- The child’s wishes – If the child is mature enough to express their preference, the court may take their views into account.
- Health and mental well-being – If one parent has a history of mental illness or substance abuse that impacts their ability to care for the child, the court may consider this when making a decision.
Each case is unique, and the court carefully evaluates all available evidence before making a ruling.
Can a Father Get Sole Custody? Can a Mother?
Yes, both fathers and mothers can apply for sole custody. Australian law does not favour one parent over the other based on gender. The decision is based entirely on the child’s best interests and the parenting arrangement that will provide the most stable environment.
Historically, mothers were more likely to receive primary care of children, but modern custody arrangements are based on each parent’s ability to meet the child’s needs. A father seeking sole custody must demonstrate that joint custody would not be suitable due to the other parent’s inability or unwillingness to provide proper care.
Likewise, a mother must provide evidence if she believes sole custody is necessary to protect the child’s welfare. The court’s goal is not to punish or exclude one parent but to ensure that the child is in a safe, nurturing, and supportive environment.
What Happens If the Other Parent Is Unfit or Absent?
If one parent is deemed unfit due to substance abuse, domestic violence, child neglect, or mental health issues, the court may award sole custody to the more capable parent. The court may also order supervised visits or limit parenting time to protect the child.
In cases where the other parent is completely absent—such as failing to maintain regular contact, refusing to participate in custody decisions, or abandoning the child—the court may grant sole custody to the parent who has been the primary caregiver.
Strong evidence is crucial in these cases. Police reports, school records, medical records, and testimonies from legal professionals can help prove that sole custody is in the child’s best interests.
If you believe the other parent is unfit or has abandoned their responsibilities, seeking legal advice from a family lawyer is highly recommended.
How to Apply for Sole Custody in Queensland
Applying for sole custody (legally referred to as sole parental responsibility) in Queensland involves a legal process through the Federal Circuit and Family Court of Australia (FCFCOA).
Before filing, you must meet specific requirements and provide strong evidence that sole custody is in the child’s best interests. Here’s a step-by-step guide to applying for sole custody in Queensland.
Step 1: Attempt Family Dispute Resolution (FDR)
Before applying to court, parents must attempt mediation through a family dispute resolution practitioner unless there are exceptional circumstances (e.g., family violence, child abuse, or urgent risk).
This step is required under the Family Law Act 1975 to encourage amicable parenting arrangements. If mediation is unsuccessful, you will receive a Section 60I Certificate, which is required for court proceedings.
Step 2: Prepare the Necessary Documents
To apply for sole custody, you must file:
- Application for Parenting Orders – The main document requesting sole custody.
- Affidavit – A sworn statement detailing why you are seeking sole parental responsibility, supported by evidence.
- Notice of Child Abuse, Family Violence, or Risk (Form 4) – Required if there are concerns about domestic violence, child neglect, or abuse.
- Supporting evidence – This can include police reports, medical records, school reports, financial statements, and witness statements.
Step 3: File Your Application with the Court
Lodge your completed forms through the Commonwealth Courts Portal or in person at your nearest Federal Circuit and Family Court of Australia registry. A filing fee applies, but fee exemptions may be available for low-income applicants. If there is an immediate risk to the child, you can request an urgent hearing.
Step 4: Attend Court Hearings
Once your application is filed, the court will schedule a first hearing. During this process:
- Both parents present their case before a family law judge.
- The judge may order a Family Report, where a family counsellor or psychologist assesses the child’s well-being.
- Temporary orders may be issued while waiting for the final decision.
Step 5: Court Decision and Final Orders
The court makes a final decision based on the child’s best interests, considering evidence, testimonies, and risk factors. If sole custody is granted, you will receive Final Parenting Orders, legally confirming your sole parental responsibility. These orders must be followed by both parents.
How VM Family Law Can Assist with Sole Custody Cases
Applying for sole custody can be legally complex and emotionally overwhelming. Having experienced family lawyers on your side can make a significant difference.
Here’s how VM Family Law can help:
- Expert Legal Advice – Our team provides clear guidance on your legal rights, obligations, and the best approach for your case.
- Strong Evidence Preparation – We assist in gathering police reports, medical records, school documents, and witness statements to strengthen your case.
- Court Representation – Whether in negotiations or court hearings, we advocate for your rights and present a compelling case for sole parental responsibility.
- Urgent Applications and Risk Protection – If your child is at risk of harm, we can request urgent hearings and legal protections.
Let VM Family Law help you secure the best outcome for your child. Contact us today at 07 3447 8966 or visit VM Family Law for a consultation.
FAQs
Can sole custody be reversed?
Yes, if circumstances change, either parent can apply to modify the order.
Does sole custody mean no visitation?
Not always. The court may allow supervised visits or a limited schedule.
How long does a sole custody case take?
It varies but can take several months to years, depending on court backlogs.
Do I need to go to court for sole custody?
Not always. If parents reach a mutual agreement, they can file a Parenting Plan.
What if my ex refuses to follow custody orders?
You can apply for enforcement through the court.
How do I prove my ex is unfit?
Use police reports, medical records, and testimonies from witnesses to support your case.
Final Thoughts: Taking the Right Steps for Your Child’s Future
Applying for sole custody is a significant decision that requires careful planning, strong evidence, and a clear understanding of family law in Queensland. The court’s priority is always the child’s best interests, so being well-prepared is essential.
If you’re considering sole parental responsibility, VM Family Law is here to help. Our experienced team provides legal advice, representation, and guidance tailored to your situation. Call 07 3447 8966 or visit VM Family Law to discuss your case today.
