Applying for full custody involves three main steps: (1) seek legal advice from a family lawyer; (2) comply with pre-action procedures; and (3) if you come to an agreement, apply for a consent order, or if you can’t come to an agreement, apply for a full custody arrangement.
Sometimes parents may seek to apply for full custody of a child because of the child’s exposure to a risk of psychological or physical harm by the other parent. Accordingly, the parent applying for full custody of the child desires to protect the child from harm by implementing measures that do not allow the other parent from coming into contact with the child, picking them up from school, and so on.
The following article will provide a quick introduction to what full custody of a child involves and how to actually go about applying for full custody of a child.
What Is ‘Full’ Custody Of A Child?
The terms full custody and sole custody can be used interchangeably. Full custody of a child refers to the situation where one parent has the power to make all the decisions regarding their child or children. This includes decisions regarding their care, welfare, and living arrangements.
The law assumes that a child having a meaningful and regular relationship with both parents is in the best interests of the child. Despite this, parents will sometimes come to agreements where one parent will have ‘full’ or ‘sole’ custody of a child.
In such an instance, this agreement can be put in writing by the parents either:
- in a consent order that is submitted to the court and is legally binding or
- on an informal basis such as a parenting plan.
It is important to note that the legal option does not terminate the rights of another parent who does not have full custody, and this parent may apply at a later time to vary the order.
Step One: Seek Legal Advice from a Family Lawyer
The first step is important. Seeking legal advice from a family lawyer will help you make an informed decision during the process. Moreover, a family lawyer can guide you with what to do and what not to do during family law proceedings, such as applying for sole parental responsibility.
Here are some questions that you can ask during your consultation:
- What are my rights as a parent seeking sole custody?
- What responsibilities will I have if granted sole custody?
- How does the court determine what is in the best interests of the child?
- What factors will the court consider when deciding on sole custody?
- How does the court assess the child’s relationship with both parents?
- What role do allegations of family violence or abuse play in these decisions?
- How long does the process typically take?
- What factors could delay the process?
- What are the estimated costs involved, including legal fees and any additional expenses?
- What happens during a court hearing for sole custody?
- How can I prepare for a court hearing?
Step Two: Comply with Pre-Action Procedures
What are pre-action procedures? Pre-action procedures are steps that parents should comply with before proceeding to family law proceedings in court. This might involve mandatory compliance with family dispute resolution (FDR) methods.
In summary, here’s what you should do to comply with the pre-action procedures:
- The parties must make a genuine effort to resolve the issue on their own through FDR.
- A Family Dispute Resolution Practitioner (FDRP) will assist the parties to agree on a parenting arrangement.
If parties can agree on an arrangement, you can file an Application for Consent Order to make it legally binding. If parties can’t agree on an arrangement, the FDRP will issue a certificate for you to file an application for parenting orders.
You must attach this certificate to your application. However, if you are exempt from filing the certificate, you must include an affidavit (Affidavit—Non-Filing of Family Dispute Resolution Certificate).
Check out this brochure to know more about the exemptions.
Step Three: Apply for Full Custody of a Child
As mentioned earlier, if you can’t agree on a parenting arrangement, you can now proceed with your application for full custody. Here’s what you should do:
- Seek legal advice before filing an application.
- Fill out the Initiating Application form.
- File a file a Notice of child abuse, family violence, or risk with the application.
- Attach the Certificate given to you by the registered FDRP.
- Attach a copy of any family violence order affecting a child or a member of the child’s family.
- Submit the documents electronically through the Commonwealth Courts Portal.
- If you can’t submit the documents through eFiling, you can email them to the court registry.
Type of Evidence You Need When Applying For Full Custody Of A Child
In deciding whether the court should make an order to grant one parent sole parental responsibility, the court will consider any evidence such as:
- Court Orders
- Police Reports
- Affidavits
- The psychological state and stability of each parent
- Weighing up whether seeing a parent less is more beneficial than risking the child being exposed to potential harm
These factors are, however, not conclusive. Meaning, just because they can be proved does not mean the other parent may be excluded entirely from participating in the life of the child. For instance, even if the party applying for the order proves that the other parent may pose a danger to a child, the court can still order supervised contact if it is deemed to be ‘in the best interests of the child’ to have a relationship with both parents.
By extension, the court may also order contact with grandparents, uncles, aunties, and other extended family if it is deemed to be ‘in the best interests of the child’. This situation can occur irrespective of whether the parent has contact.
Applying for Full Custody of a Child in Australia?
It is important to seek legal advice if you are considering applying for full custody of a child.
JB Solicitors can take the guesswork out of whether applying for full custody of your child is the right decision. Our team of expert lawyers can help you weigh the pros and cons of the situation and come to a decision that is right for you and your child.
Contact JB Solicitors today to speak with one of our experienced family lawyers.
More Questions About Family Law?
If you have any more questions involving family law or any circumstances involving your children, check out some of our other articles:
What Does Child Support Cover?
Is Child Support Taxable Income?
Child Support and School Fees: Does Child Support Include School Fees?
Last updated: 19 March 2025
