How Often Do Fathers Get 50/50 Custody in Australia and How to Stay in Your Child’s Life

How often do fathers get 50/50 custody in Australia? For many men navigating separation, the question reflects a desire beyond personal interest, to remain present in their child’s daily life. Equal time represents stability and the continuation of an active parenting role after the relationship ends. 

Although often used in everyday language, the term “custody” no longer appears in Australian law. Instead, courts speak of where a child will live, how time is shared, and how major decisions are made. While shared parental responsibility is common, equal time is much less so, and the distinction is important for fathers preparing for legal proceedings. 

Reforms in 2006 once encouraged shared parenting through a presumption of equal responsibility. That presumption was removed in May 2024, changing how courts approach these matters. Decisions are now based solely on the child’s best interests, with no obligation to consider equal time. 

To understand what is achievable, fathers need a clear view of how the law treats parental time. This begins with the legal principles that guide every parenting arrangement. 

How the Law Views Parental Time in 2025 

Australian family law does not assume children should spend equal time with each parent after separation. Instead, the court must determine what arrangement serves the child’s best interests, prioritising safety, wellbeing, and emotional development over any perceived fairness between parents. 

Parental responsibility, making major decisions about a child’s upbringing. was once presumed to be shared equally. If that applied, courts had to consider equal or substantially shared time.  

The updated law removed both the presumption of equal responsibility and the requirement to consider equal time. Judges now assess each case based solely on a simplified set of best interest factors, designed to promote clarity and strengthen child protection. 

The table below outlines the key differences before and after the 2024 reforms: 

Key Differences in Family Law Parenting Provisions 

This shift does not exclude the possibility of equal time arrangements, but it changes the process by which such outcomes are considered. Judges are no longer compelled to start with an assumption or threshold but are encouraged to weigh the child’s best interests through a more flexible and context-specific lens.  

Understanding how these reforms influence the decision-making process helps to clarify why equal time may be possible in some cases and unlikely in others, depending on the evidence and circumstances presented. 

How Often Fathers Get 50/50 Custody in Australia 

When examining how often fathers get 50/50 custody in Australia, the data reveals that while equal time is legally possible, it is relatively uncommon. The courts do not operate on quotas or averages, but patterns in parenting arrangements provide insight into what outcomes are typical and under what conditions equal time might be considered appropriate. 

Research conducted by the Australian Institute of Family Studies offers a national snapshot of parenting time following separation. The findings highlight that most children live primarily with one parent, usually the mother, while shared care arrangements remain the exception. A full 50/50 time split, defined as the child spending between 48 and 52 percent of nights with each parent, occurs in only a small fraction of cases. 

Parenting Time After Separation 

• 9% of families have children spending approximately equal time with both parents (48–52% split). 
• 21% have substantially shared care, where one parent has 35–65% of overnight stays. 
• 46% involve children living mostly with their mother (more than 65% of nights). 
• 27% involve children living exclusively with their mother. 
• 3% have children living mostly with their father. 
• 2% involve children living only with their father. 

While shared parenting has become more common since the 2006 reforms, most separated families still follow arrangements where one parent provides most overnight care. Equal time is generally considered only when both parents were actively involved before separation, there are no safety concerns, and the arrangement is practical. 

These figures reflect the court’s focus on stability and the child’s wellbeing. Understanding how judges assess parenting arrangements provides clearer insight into when equal time is likely to be approved. 

What the Court Considers When Deciding Parenting Time 

Equal parenting time is not granted based on preference or argument alone. In Australia, the Family Court is required to examine the full context of a child’s life and determine which arrangement serves their best interests. Fathers seeking 50/50 care must be prepared to demonstrate that the proposed arrangement supports the child’s development, stability, and emotional wellbeing, not just their own desire for equal time. 

While each matter is unique, the court follows a consistent process when evaluating how time with each parent should be structured. This process is grounded in the Family Law Act and informed by evidence from both parents, professionals, and, when appropriate, the child. 

How the Court Evaluates Parenting Time 

1. Examine Parental Roles Before Separation
   Judges consider who was responsible for day-to-day care, such as meals, school preparation, medical appointments, and emotional support, before the relationship ended. 
2. Assess Any Risk to the Child
   Allegations or evidence of family violence, abuse, or neglect are investigated thoroughly. If there is any history or current risk to the child or the other parent, safety becomes the overriding concern. 
3. Evaluate Practical Feasibility
   The court reviews factors such as the distance between homes, the proximity to school or childcare, each parent’s work schedule, and whether a stable routine can be maintained. 
4. Consider the Child’s Views (if age-appropriate)
   Where the child is mature enough, their views may be presented through a family consultant or an independent children’s lawyer. These views are considered alongside developmental and emotional needs. 
5. Analyse Each Parent’s Capacity to Meet Needs
   This includes emotional availability, financial stability, physical health, and readiness to provide structure and support in daily life. 
6. Determine Whether Equal Time is Safe and Beneficial
   The final judgment reflects whether a 50/50 arrangement is possible and beneficial to the child’s wellbeing across all areas, safety, emotional health, relationships, and education. 

Fathers who understand this framework can prepare their case with purpose and focus, but even a well-structured proposal may face obstacles if certain barriers are not addressed. Engaging a family lawyer can provide valuable support in identifying potential issues early, gathering the right evidence, and presenting a clear case aligned with the court’s expectations. 

Common Barriers Fathers Face in Seeking Equal Time 

Although Australian family law does not favour one parent based on gender, fathers seeking equal time often face practical challenges. Courts prioritise the child’s needs, with decisions shaped by past caregiving roles, stability, and safety. 

Equal time is less likely when one parent, often the mother, has been the primary carer, especially for young children who depend on routine. Practical barriers such as long work hours, unsuitable housing, or living far apart can also make shared care difficult. 

High conflict between parents may reduce the feasibility of equal arrangements, as cooperation is essential. Allegations of violence or abuse, even without criminal findings, can lead to restrictions or supervised contact where safety is a concern. Identifying and addressing these barriers early is key to presenting a strong, child-focused case. 

Typical Barriers Fathers Encounter and Their Impact 

• History of One-Sided Care
  The child may be more accustomed to one parent managing daily routines, which courts often seek to preserve in the short term. 
• Child’s Age and Developmental Needs
  Infants and toddlers may require a more stable, single-home routine, particularly where strong attachment to one parent is evident. 
• Allegations of Family Violence or Abuse
  Any claims involving safety concerns are taken seriously and can lead to supervised visits or reduced contact. 
• Logistical Constraints
  Long commute times, lack of childcare support, or living far from the child’s school can make equal time impractical. 
• Unstable or Inadequate Housing
  If one parent’s home is not equipped to meet the child’s needs, overnight stays may be limited or delayed. 
• Work Commitments That Limit Availability
  Irregular hours or extensive travel can reduce a parent’s ability to meet the child’s day-to-day needs. 
• Conflict or Poor Communication Between Parents
  Courts look for cooperation. If there is high conflict or a lack of mutual respect, equal care is rarely approved. 

Awareness means understanding how the court views your circumstances, rather than obstacles to overcome with argument, but as concerns to be addressed with evidence and planning. The next step involves turning that understanding into action by building a clear, practical case for shared care. 

How Fathers Can Strengthen Their Case for Shared Care 

Fathers seeking 50/50 parenting time must show that the arrangement supports the child’s stability, safety, and development. Courts look for evidence that equal time is in the child’s best interests, not simply a matter of fairness between parents. 

This starts with consistent involvement in daily routines, education, health care, and activities. Where past involvement was limited, recent efforts backed by documentation can still be persuasive. 

A well-prepared parenting plan also carries weight. It should address schooling, transitions, holidays, and developmental needs, with a structure that reflects the child’s age and supports continuity across both homes. 

Courts also assess the home environment and a parent’s willingness to cooperate. Safe, child-friendly spaces, along with demonstrated maturity and flexibility, can strengthen a father’s case for shared care. 

Strengthening a Shared Care Proposal Checklist 

• Keep detailed records of your involvement in the child’s education, health, and routines 
• Maintain regular, meaningful time with the child, even outside formal agreements 
• Create a structured parenting plan with realistic schedules and transitions 
• Prepare a safe and appropriate home environment for overnight care 
• Demonstrate cooperation and clear communication with the other parent 
• Attend mediation or complete a parenting course if needed 
• Seek legal advice to ensure your proposal reflects current legal standards 

When these elements come together in a well-organised and child-focused presentation, fathers are more likely to gain the court’s confidence in their ability to sustain a shared care arrangement. The final step is to consider how to make informed choices that reflect a long-term commitment to the child’s wellbeing. 

Making Informed Decisions About Shared Care 

Pursuing 50/50 custody requires a clear understanding of how the law works, what the court prioritises, and what supports the child’s best interests. Fathers who are informed and well-prepared are in a stronger position to propose a workable, child-focused arrangement. 

Shared care must reflect the child’s needs, the parents’ capacity, and what will provide consistency and stability. Equal time may be suitable in some cases, while substantial but uneven arrangements may offer more practical benefits in others. 

Courts respond to evidence instead of assumptions. A clear plan, supportive environment, and demonstrated involvement are far more persuasive than arguments about fairness alone. 

If you are planning shared care or formalising parenting arrangements, contact our team for tailored legal guidance to help you move forward with clarity and confidence.