Separating from your partner will likely be a stressful and turbulent time no matter your situation, particularly when children are involved. Navigating father child custody in Melbourne is overwhelming when you are concerned about your chances of securing custody arrangements that prioritise your relationship with your children.
You may have heard that mothers are favoured over fathers in custody determinations. However, this is a misconception. Australia’s Family Law Act 1975 is completely gender neutral, and the chances of father getting custody in Melbourne depend on multiple factors centred around the child’s best interests, not parental gender. In fact, parents share equal parental responsibility in 40% of cases, with fathers getting full child custody in 11% of cases.
Understanding the legal landscape for getting partial or full custody as a father in Melbourne is crucial if you are going through this process.
What does having full custody of a child mean?
In Australia, the terms ‘sole custody’ or ‘full custody’ are technically no longer used within family law. The accepted term is now ‘sole parental responsibility’. Nevertheless, the implications remain the same. Nevertheless, the practical implications remain similar for fathers seeking full custody in Melbourne.
Sole parental responsibility orders grant one parent the authority to make major decisions about a child’s life, either exclusively or partially, without needing to consult the other parent. These decisions include the child’s living arrangements, care and welfare, along with other major responsibilities like education and health matters.
These orders do not automatically exclude the other parent from seeing or spending time with the child in question. However, the parent with sole responsibility can make decision involving the day-to-day care arrangements of a child and consent or court orders may stipulate the level of contact the child can have with the other parent. The parent with sole responsibility can also decide for the child to live with them exclusively.
It’s worth noting that divorce and property settlement are treated separately from parenting and custody arrangements under Australian family law.
How often do fathers gain full child custody in Melbourne?
Studies show that children are statistically more likely to live with their mothers following separation. However, this isn’t due to court preference toward mothers, but rather other circumstances such as pre-separation care arrangements and the child’s preferences.
Here are key statistics regarding custody arrangements in Australia:
- 93% of consented matters settle on shared responsibility
- Around 3% of fathers will have no contact with their children.
- Parents share equal parental responsibility in 40% of cases.
- In 45% of cases, the mother is given sole custody of the children.
- In 11% of cases, the father is given sole custody of the children.
- Courts don’t always intervene, with only 3% of custody cases going to court. 6% of parents use family dispute resolution programs or lawyers.
[Source: Australian Institute of Family Studies 1997]
In what circumstances would a father gain full custody in Melbourne?
For fathers exploring their chances of getting child custody in Melbourne, understanding when sole parental responsibility is granted is essential. Generally, one parent gaining full custody or parental responsibility is somewhat rare.
Mutual agreement
A father gaining full custody in Melbourne is possible if both parents can come to a mutually agreed upon arrangement. Ideally, this agreement will be formalised with a child custody lawyer to ensure both parties understand their obligations and to avoid disputes in the future.
Court applications
If the other parent contests the arrangement, you will need to make an application to the court.
The court operates on the principle that it’s the child’s right to have a meaningful relationship with both parents. Under the Family Law Act 1975, there’s a presumption of equal shared parental responsibility. For sole custody to be granted, this presumption must be proven contrary to the child’s best interests.
When the presumption is overturned
The presumption of equal parental responsibility is nullified if one parent has engaged in physical or psychological abuse of the child, or family violence of any nature.
The welfare of the child is always placed above any presumption of shared parental responsibility in Family Court. If you are concerned that your child is exposed to a serious risk of harm in the care of the other parent or other people the child may encounter when in the care of the other parent, you should seek an order for sole custody, potentially with a no contact order.
How can fathers improve their chances of getting full child custody in Melbourne?
In most cases, the Family Court will rule that joint custody is the best arrangement for any child. This is because it is the child’s right to have a meaningful relationship with both parents. However, there are steps you can take to strengthen your chances of getting custody in Melbourne as a father.
With your child’s best interests in mind, the courts will consider factors such as the child’s preference, the nature of the relationship between the two parents, and the ability of each parent to meet the needs of the child. As mentioned, if the other parent poses a threat to your child’s safety, then you are most likely to receive sole custody. If not, you may need to reconsider your goal to win full custody.
At Le Brun & Associates, our dedicated team of family lawyers in Melbourne specialises in helping fathers understand their rights and navigate custody arrangements. Whether you’re seeking shared parenting arrangements or have legitimate concerns requiring sole custody, we provide comprehensive, timely, and relevant advice and support.
Our family and divorce lawyers are committed to helping fathers achieve fair outcomes that prioritise children’s wellbeing while protecting parental rights. Contact us today to discuss your options for getting full custody in Melbourne as a father.