When it comes to trudging through all the legalities surrounding divorce, there is an added feat – who gets custody of the kids?
For separated fathers, a lot of them can feel discouraged at the chance of them getting custody over their children.
In the following article, we’re going to debunk this myth and delve into the Mother vs. Father custody statistics in Australia and what it reveals about parenting post-divorce.
Child Custody vs. Parental Responsibility
In Australia, we refer to parental responsibility when it comes to the duties and rights of the parents. Child custody refers more to the person with whom the child lives or spends time, and “parenting-time” is the more commonly used expression.
The Statistics
Here is a snapshot of the custody statistics according to the Australian Institute of Family Studies 2019 report on Parenting Arrangements After Separation:
- The most common arrangement involves children spending the majority of nights (around 66% of the year) with the mother.
- In 18% of cases, children live full-time with the mother and have daytime visits with their father.
- Shared care time, where children split their time between both parents, occurs in 21% of cases.
- Court orders grant sole parental responsibility to mothers in 45% of cases, while fathers are granted sole parental responsibility in 11% of cases.
- Fathers are less likely to have no contact with their children under court orders, with this occurring in 3% of cases, compared to 9% in the general population of separated families.
What are the Factors Influencing the Custody Arrangement?
Best Interests of the Child
The most important factor that influences custody arrangements is ensuring the child’s best interests. This involves assessing:
- The arrangement(s) that will most effectively promote the child’s safety and the safety of those who care for them
- Any views expressed by the child
- The developmental, psychological, emotional and cultural needs of the child
- The capacity of those with parental responsibility to provide for the child’s developmental, psychological, emotional and cultural needs
- The benefits to the child of them having a relationship with each of their parents, and other significant people, where it is safe to do so
- The right to enjoy they their culture, if the child is an Aboriginal or Torres Strait Islander child
- And any other relevant factors relating to the specific circumstances of the child
Caring Ability
The court evaluates each parent’s ability to meet the child’s physical, emotional, and developmental needs. This includes factors like their living situation, financial stability, work commitments, and the support network they can provide. A parent with a history of neglect, abuse, substance misuse, or untreated mental health issues may face challenges in securing custody, as the court prioritises the child’s safety and care.
Domestic & Family Violence
The presence of family violence or abuse is a critical factor in custody decisions. If one parent has a history of abusive behaviour, it can significantly impact parenting arrangements. The court will prioritise protecting the child from any harm and ensuring they are placed in a safe environment.
Ability to Co-Parent
The court values a parent’s ability to encourage a positive relationship between the child and the other parent. Demonstrating cooperation, communication, and a willingness to facilitate contact with the other parent can influence the outcome. On the other hand, attempts to estrange the child from the other parent or exhibit hostility can negatively affect a custody case.
Helping You Beyond the Facts and Figures
At O’Sullivan Legal, we specialise in family law and are committed to helping you through the custody process with expertise, care, and understanding.
Whether you need assistance with custody arrangements, parental responsibility, or court representation, our experienced team is here to help.
Learn more about our child custody services.
Contact us today to discuss your family law matter and find the right solution for your family.