Mothers are awarded primary or sole custody significantly more often than fathers, though courts aim for the child's best interest, often resulting in shared arrangements, with around 45% of court orders giving mothers sole responsibility versus 11% for fathers in Australia, but fathers often get substantial time too, with most arrangements favoring mothers for the majority of time (around 83% of cases give mothers majority or complete custody).
Court orders grant sole parental responsibility to mothers in 45% of cases, while fathers are granted sole parental responsibility in 11% of cases.
One of the most emotionally challenging aspects of divorce proceedings involves determining child custody. Historically, women have been awarded custody significantly more frequently than men, sparking important conversations about fairness and potential gender biases in family courts.
The biggest mistake in a custody battle is losing sight of the child's best interests by prioritizing parental conflict, anger, or revenge, which courts view very negatively. This often manifests as bad-mouthing the other parent, alienating the child, refusing to cooperate, or involving the child in disputes, all of which signal poor co-parenting and harm the case.
In Australia, the legal system places less emphasis on parental rights and more on parental responsibility. Both parents are expected to care for and support their children, provide a safe environment, and protect them from physical or psychological harm.
The good news under Australian family law is that both the mother and father are treated equally, and the law focuses on the child's wellbeing rather than parental gender or historical roles.
To decide what is best for a child, the judge considers:
The 7-7-7 rule of parenting generally refers to dedicating three daily 7-minute periods of focused, undistracted connection with your child (morning, after school, bedtime) to build strong bonds and make them feel seen and valued. A less common interpretation involves three developmental stages (0-7 years of play, 7-14 years of teaching, 14-21 years of advising), while another offers a stress-relief breathing technique (7-second inhale, hold, exhale).
Evidence of Parental Involvement
Some ways to do this might include presenting school records, medical records, or testimony from neighbors, coaches, or friends and family. One of the big points here is to prove that you know how to prioritize your child's needs over your own personal desires and convenience.
You might be surprised to learn about fathers getting 50/50 custody in Australia. A 2014 survey revealed that children spent equal time with both parents in just 9% of cases. The statistics tell a different story from what most people believe about equal parenting time.
Still, full custody for fathers is far less common than full custody for mothers. Whether this is due to bias against fathers is a hotly debated topic. Overall, many courts prefer awarding joint custody to both parents. Custody cases don't change much when two dads are at odds.
In addition to consequences like awarding custody or attorney's fees to the non-offending parent, individuals caught lying in custody court may face more severe legal repercussions, including perjury charges. A perjury conviction can result in fines, jail time, or both.
Courts typically grant full custody to fathers when there is evidence of the other parent's neglect, abuse, substance abuse issues, mental instability, parental alienation, or inability to provide a stable home environment.
Consistent neglect, failure to provide basic care, or abandoning a child entirely may push the court toward the grounds to terminate parental rights in Australia. These are the hardest cases, often involving evidence of long-term harm.
While joint custody has gained recognition as being beneficial for children after divorce or separation, attaining a 50/50 split might be challenging for fathers due to prevailing societal norms and practical considerations that courts must take into account when determining custodial arrangements.
However, there is no set guidelines for reasonable access for father. Each family is unique and reasonable access for fathers depends on the individual circumstances. Some fathers see their children every day, while others might see them just once a month.
"70/30 parenting" refers to a child custody arrangement where one parent has the child for about 70% of the time (the primary parent) and the other parent has them for 30% (often weekends and some mid-week time), creating a stable "home base" while allowing the non-primary parent significant, meaningful involvement, but it also requires strong communication and coordination to manage schedules, school events, and disagreements effectively.
To apply for full custody, legally termed “sole parental responsibility”, of a child in Australia, you must file an application with the Federal Circuit and Family Court of Australia. The Court's primary consideration is always the child's best interests, as set out in the Family Law Act 1975 (Cth).
Direct evidence is the strongest type of evidence as it can prove that something happened and link someone to an incident. Direct evidence can be CCTV footage, eyewitnesses or digital and physical evidence. For example, an individual makes a social media post targeting another employee.
Giving 20% of your attention will lead to 80% of quality time spent with your children. Your children crave your attention—not all of it; just 20%. Your attention is split into multiple areas: work, your marriage, your kids, your side hustle.
What Is a Good Mother?
If you have set limits for your children but still find yourself constantly in conflict, reacting in anger, frustration, fear, or impatience you are probably parenting reactively. Children with reactive parents are often also highly reactive and emotional, and test boundaries both in and outside of the home.
Physical evidence is often one of the most powerful forms of evidence in a criminal case, especially when it links the defendant directly to the crime scene or victim.
You may also want to bring inspirational poems, religious or sacred texts for encouragement and spiritual support. help calm your body when you may feel stressed during the trial. A simple one to practice is: Breathe in and slowly count to four; hold for four counts; and breathe out and slowly count to four.
In many cases, custody starts out at 50/50. Why? Because, in its heart of hearts (assuming it has a heart) the court believes that having as much access as possible to both parents is in a child's best interests. The judges involved seem to believe this almost across the board.