How to Get Full Custody Of A Child in Queensland

We understand that obtaining full custody of a child in Queensland can be a challenging experience for parents. We’re here to help.

Understanding how to obtain full child custody involves comprehending legal standards, demonstrating a commitment to your child’s welfare, and presenting a solid case in court. Conflicts about parenting matters can be emotionally exhausting for all divorced and separated parents, but even more so when one (or both) parents seek to have full-time care of their child or children.

Sometimes, it may be for practical reasons, such as parents working or living in different areas and a dispute about where a child lives. In other matters, a parent may seek to get sole custody for safety reasons. At other times, parents may have a high degree of conflict or seek full custody based on their own wishes rather than what is best for the child.

Court intervention for child custody cases can be a lengthy process unless there is an urgent reason for an application being made. A starting point, where possible, for all parenting matters is to communicate with the other parent. You may not get along with each other, but if there are no real safety concerns, it’s essential to put your children first.

In some matters, this will not be possible, such as when there are child safety or family violence concerns, if they cannot be contacted, are in hospital long-term or imprisoned, or if drug abuse or unmanaged and severe mental illness are factors.

Reasons a parent may want full custody

There are several reasons why a parent might seek full custody of a child. These include concerns about the child’s safety, a desire for stability, or issues related to the other parent, such as substance abuse or domestic violence. Some common motivations include:

Safety Concerns: If there are legitimate fears for a child’s safety due to family violence issues or neglect, seeking full custody becomes crucial.
Best Interests of the Child: Parents may believe that a stable and nurturing environment, free from conflict, is essential for their child’s wellbeing.
Involvement in Upbringing: A parent may wish to have control over significant decisions regarding the child’s health care, education, and overall upbringing, thereby ensuring consistent parenting practices.
Conflict with Co-Parent: If there are ongoing custody disputes or conflicts with the other parent, one might pursue full custody to minimise these tensions.

Is it in a child’s best interests?

The paramount consideration for the Federal Circuit and Family Court of Australia is the child’s best interests – which should also always be the priority of both parents. This principle is outlined in the Family Law Act 1975. To establish that full custody serves the child’s best interests, a parent must demonstrate:

The ability to provide a stable home environment.
Commitment to the child’s emotional and physical wellbeing.
Willingness to facilitate the child’s relationship with the other parent when appropriate.

Ultimately, the court aims to ensure that decisions made reflect what is best for the child’s future.

Next steps – if the other parent agrees to sole custody

The process can be significantly simplified if the other parent agrees to the custody arrangement. A mutual agreement can lead to:

Drafting a parenting agreement that outlines custody arrangements, decision-making responsibilities, and visitation rights.
This can be finalised with Consent Orders.
Minimising the need for court proceedings, as the court generally encourages cooperative co-parenting.
Engaging in a Family Dispute Resolution Conference to formalise the agreement legally.

However, even if both parents agree, having the agreement reviewed by a child custody lawyer to ensure it complies with the Family Law Act and protects the child’s best interests is still advisable.

Next steps – if the other parent does not agree or cannot be located

If the other parent does not agree to the proposed custody arrangement or cannot be located, the process becomes more complex. In such cases, you may need to follow the available Federal Circuit and Family Court processes, such as:

A parenting application will need to be made for sole child custody orders to be granted.
File an application for parenting orders, rather than consent orders, with the Federal Circuit and Family Court to have the custody arrangement decided by a judge. By seeking court orders, you will have enforceable orders regarding the care of your child or children.
Provide evidence of any reasons that full custody is being sought for legal validation purposes.
Provide evidence of attempts to locate the other parent if they are unreachable.
Participate in mandatory mediation unless an exemption applies due to circumstances like family violence or urgency.
Request any necessary interventions if child safety, family violence, serious drug use or mental health issues are a factor.

It is essential to seek legal advice to navigate these steps, ensuring that your rights and the child’s best interests are fully protected under the Family Law Act.

What happens if custody issues are due to visa or immigration issues?

If one parent needs to move back to a different country due to visa or other immigration-related issues, the situation becomes more complex, particularly concerning child custody arrangements. If the resident parent or parent who is leaving Australia is seeking full-time care, it’s wise to consult with a family lawyer who works with cross-border parenting matters and immigration lawyers.

In such cases, it is crucial to consider the following steps:

Seek a relocation order: The parent wishing to relocate must apply to the Federal Circuit and Family Court for a relocation order if the other parent does not agree to the move.
Consider the child’s best interests: The court will primarily focus on whether the move aligns with the child’s best interests, considering their relationship with both parents, the impact of the move, and future contact arrangements.
Negotiate new parenting arrangements: If both parents can reach an agreement, they may renegotiate the custody and visitation terms, ensuring ongoing contact through regular video calls or travel arrangements.

Engaging a family law solicitor to assist with the legal aspects of international relocation and ensure the new arrangements comply with the Family Law Act is essential.

What factors will the courts look at?

Every family law case is unique, and there are a number of issues that are weighed up carefully when determining an outcome. For custody arrangements, courts consider several factors, including:

Parental Capability: Each parent’s ability to provide a stable environment, including living arrangements and the emotional and physical wellbeing of the child.
Child’s Wishes: Their preferences may be considered depending on their age and maturity.
Relationship with Each Parent: The court assesses the existing relationship between the child and each parent and the parent’s willingness to encourage a relationship with the other parent.
Family Violence and Safety Concerns: Any history of family violence, child family violence, or protection orders will be critically evaluated.

What evidence will the courts need?

To strengthen a custody application in the familiar with the Federal Circuit and Family Court of Australia, parents should gather and present various types of evidence, including:

Documentation of Family Violence: This may include police reports, medical records, or protection orders related to family violence issues.
Witness Statements: Family members or friends affirming your ability to provide a nurturing environment.
Child’s Needs: Evidence demonstrating how you meet the child’s health, educational, and emotional needs.
Involvement in Child’s Life: Proof of active participation in the child’s life, including attendance at school events, healthcare appointments, and extracurricular activities.

Working with a family consultant or a child custody lawyer can help you compile the necessary documentation effectively. If you are unable to hire a private lawyer, you may be able to seek assistance from a community legal centre, or seek assistance on the day of the hearing from a family law duty lawyer.

Considering the relationship of the child with the other parent

The relationship between the child and the other parent is a significant factor in custody decisions. Courts will look at:

Frequency of Contact: How often does the child see the other parent? Regular interaction is generally seen as beneficial.
Quality of Relationship: The nature of the interactions between the child and the other parent, including emotional bonds and parenting practices.
Parental Conduct: Any behaviours exhibited by the other parent that may jeopardise the child’s wellbeing, such as substance abuse or neglect.

If the court believes that a healthy relationship with both parents is essential, it may favour a joint custody arrangement unless there are valid reasons for restricting contact.

Addressing safety concerns and family violence

When safety concerns arise, particularly regarding domestic violence or substance abuse, it is crucial to address these issues in the correct legal manner.

Documentation: Ensure you have detailed records of any incidents, including dates, times, and witnesses.
Protection Orders: If necessary, seek a protection order to legally prevent the other parent from accessing the child. This step demonstrates your commitment to safeguarding the child’s welfare.
Counselling and Support: Engaging with child protection services may provide additional support and validation of your concerns.

Family Law Act legislation on sole custody

The Family Law Act 1975 outlines the legal framework surrounding custody arrangements, including sole custody. Understanding the distinction between sole and joint custody is essential for parents navigating these matters.

Sole Custody: This arrangement usually grants one parent full decision-making authority over the child’s life, including education, healthcare, and other critical aspects of upbringing.
Joint Custody: Here, both parents usually share decision-making responsibilities and must collaborate on significant issues affecting the child.

It is vital to consult a child custody lawyer to comprehend the implications of each type of custody and what is most suitable for your circumstances.

Understanding sole custody vs sole decision-making responsibility

While full custody often implies full decision-making authority, there are distinctions between the two terms.

Full Custody: This generally refers to one parent having the primary living arrangement for the child and significant authority over their welfare.
Full Decision-Making Responsibility: This means the parent has the authority to make decisions regarding the child’s education, healthcare, and overall upbringing without consulting the other parent.

Understanding these differences is crucial when seeking legal advice and preparing a custody application. A parent can have sole or shared care/custody and also sole or shared decision-making responsibility—they are not one and the same.

Supervised visitation

In cases involving safety concerns, the court may order supervised visitation. This arrangement allows the other parent to see the child but under the supervision of a designated individual.

Factors influencing the decision for supervised visitation may include:

History of domestic violence. There are family violence services that may also be able to offer support here.
An intellectual or physical disability that prevents coparenting. Again, there are support and disability services that can assist here,
Concerns regarding substance abuse. Drug testing may be requested if this is a factor.
Evidence that the child’s safety could be compromised during visits. If any immediate danger exists, police can be involved.

Ensuring that the child’s emotional and physical safety remains paramount is critical in these situations.

Final considerations

Obtaining full custody of a child in Queensland involves various legal and emotional factors. As you navigate this complex process, consider the following:

Seek Legal Advice: Consulting with a child custody lawyer can provide invaluable insights and guidance tailored to your situation.
Focus on the Child’s Best Interests: Always keep the child’s wellbeing at the forefront of your decisions and actions.
Document Everything: Maintain thorough records of interactions, incidents, and communications with the other parent to bolster your case in court.

By understanding the relevant legislation and working collaboratively with legal professionals, parents can increase their chances of securing a custody arrangement that serves their child’s best interests.

If you need specific advice on how to obtain full custody of your child, please contact our team today for a confidential discussion.

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