How to Get Full Custody of Child | Protect Their Safety and Secure Your Rights

The phrase “full custody” carries significant emotional weight. For many parents, it signals an urgent need to protect a child from harm, establish stability, or regain control during a difficult separation. Although the term is not used in Australian law, its meaning remains relevant to those seeking clarity and legal authority in their child’s life. 

Under the Family Law Act 1975, custody-related terms have been replaced with clearer legal definitions. Full custody typically refers to two things: sole decision-making, which gives one parent full decision-making power, and an arrangement where the child lives exclusively with that parent. This does not automatically exclude the other parent from having contact, but it does place one parent firmly at the centre of the child’s care and long-term planning. 

To help clarify the differences, the table below breaks down key legal terms and how they relate to what people often mean by “full custody”: 

Achieving this outcome is not based on preference or personal conflict. The court will require compelling evidence that it is in the child’s best interests for one parent to assume full responsibility. These cases often involve safety concerns such as drug and alcohol use, violence, neglect, or mental health in the other parent’s environment. 

Before pursuing this path, it is crucial to understand what qualifies as valid grounds for full custody. Knowing what the court looks for can shape your next steps, especially when the goal is to secure a safe and consistent future for your child. 

Valid Grounds for Seeking Full Custody 

Not all disputes between parents justify a full custody arrangement. Courts require evidence that limiting the child’s rights to spend time with one parent is necessary to protect the child’s wellbeing. A parent seeking sole parental responsibility must show that shared decision-making or contact with the other parent places the child at risk. 

Common grounds for seeking full custody include: 

• Family violence : History of physical, emotional, or psychological abuse directed at the child or the other parent 
• Neglect: Consistent failure to provide basic care, such as adequate food, shelter, supervision, or medical attention 
• Substance abuse: Ongoing alcohol or drug misuse that affects parenting capacity or endangers the child 
• Mental health concerns: Severe and unmanaged conditions that compromise the ability to care for or safely interact with the child 
• Abandonment or absence: Prolonged periods without contact, financial support, or involvement in the child’s life 
• Incarceration: Where a parent is serving a sentence and cannot participate in parenting 
• Unresolved high-conflict dynamics: Where one parent consistently undermines decisions or refuses to cooperate in a way that disrupts the child’s stability 

Each of these circumstances must be supported with evidence such as police reports, medical records, court orders, or statements from professionals or witnesses. The court’s focus is not on punishing flawed behaviour, but on safeguarding the child’s emotional and physical development. 

When assessing whether full custody is appropriate, the court will measure these issues against a legal standard known as the best interests of the child. This standard serves as the foundation for all parenting decisions and informs how the court weighs competing risks and benefits.  

What the Court Considers – The Best Interests of the Child 

The Family Court does not make custody decisions based on parental preference or past grievances. Its primary responsibility is to determine what arrangement will best serve the child’s welfare. This is guided by Section 60CC of the Family Law Act 1975, which outlines the legal framework for evaluating a child’s best interests. 

The court takes into account a broad set of factors, including: 

• What arrangement would promote the safety of the child and each person who has care of the child 
• The child’s views, depending on their age, maturity, and emotional readiness 
• The developmental, psychological, emotional and cultural needs of the child 
• The demonstrated willingness and ability of each parent to meet the child’s ongoing needs 
• Any history of violence, neglect, or intervention orders 
• Each parent’s past and present involvement in the child’s care, education, and emotional support 
• Cultural considerations, including Aboriginal or Torres Strait Islander identity 

These considerations are not weighed equally in every case. The court applies them in context, evaluating the total picture of the child’s environment, relationships, and long-term needs. Once these factors are understood, the next step is to navigate the legal process required to apply for full custody through the appropriate court channels. 

Step-by-Step Guide to Applying for Full Custody in Queensland 

Securing full custody involves a structured legal process. The Family Court will not grant sole decision-making based on verbal claims alone. Each step is designed to evaluate the family’s circumstances, ensure due process, and determine what outcome best supports the child’s safety and development. While this process applies across Australia, it is particularly relevant for families in Queensland, where matters are handled through the Federal Circuit and Family Court of Australia (FCFCOA). 

Parents must follow a series of legal steps to apply for full custody: 

1. Seek legal advice: Engaging a early can clarify your rights and help assess whether sole custody is appropriate based on your situation. 
2. Attempt Family Dispute Resolution (FDR): Before applying to the court, most cases require participation in mediation. This step aims to resolve disputes without litigation. If mediation is not suitable due to safety concerns, an exemption may be granted. 
3. Obtain a Section 60I Certificate or exemption affidavit: A certificate from an accredited FDR practitioner is usually required to show that mediation was attempted. If exempt, an affidavit explaining the reasons is necessary. 
4. File an Initiating Application: This form begins the court process. You must clearly state the parenting orders you are seeking, including sole parental responsibility and living arrangements. 
5. Submit supporting documents: These include an affidavit setting out your evidence, a Notice of Risk form (if allegations of abuse or harm are involved), and any proposed parenting orders. 
6. Serve the application: The other parent must be formally notified of the proceedings. This is usually done through personal service, with a third party delivering the documents. 
7. Attend court hearings: The process begins with an initial directions hearing. If interim orders are needed urgently, they may be considered early. If no agreement is reached, the case progresses toward a final hearing. 

Each stage demands careful preparation and attention to detail. Failing to follow procedure or provide proper documentation can delay or weaken your case. To strengthen your application, it is critical to present evidence that supports your claims. 

Building a Strong Case with Evidence, Affidavits, and Expert Reports 

When seeking full custody, evidence is the foundation of your application. The court will not rely on verbal claims or emotional appeals. It will examine written statements, documents, and professional assessments to determine the allocation of decision-making. This means your case must be supported by a well-prepared affidavit and corroborated by clear, organised material. 

Your affidavit is a sworn statement that explains your relationship with the child and the circumstances that led to the custody application. It should include dates, incidents, and details of how the other parent’s behaviour has affected the child. Examples include missed handovers, threatening messages, visible injuries, or troubling changes in the child’s mood or school performance. Precision matters. General claims will carry less weight than specific, well-documented incidents. 

Supporting documents can strengthen your account. This may include police reports, medical records, child protection notifications, photos, school correspondence, or written statements from teachers, neighbours, or family members. Where appropriate, witness affidavits can be submitted to confirm key events or patterns. The court may also consider evidence of the other parent’s criminal convictions or history of intervention orders. 

To present these materials effectively, it helps to understand what each piece contributes. The table below outlines common evidence types: 

The court may also request a Family Report prepared by an independent consultant, or appoint an Independent Children’s Lawyer to represent the child’s interests. These external perspectives can play a significant role in shaping the court’s view. Understanding what happens during these professional assessments, and how they reflect on your case, is essential as the matter proceeds to hearings. 

Protecting Your Child and Preparing for What Comes Next 

Outside the courtroom, your actions play a critical role in shaping outcomes. Staying organised, protecting your child from conflict, and maintaining a calm, stable routine all demonstrate your capacity to meet the child’s needs, both to the court and to the child. 

Keep detailed records of incidents, missed visits, concerning messages, and changes in your child’s behaviour. Avoid exposing your child to disputes or negative comments about the other parent. Courts value parents who prioritise the child’s emotional safety, regardless of personal grievances. 

Establish clear boundaries, follow court directions, and seek support when needed. This not only strengthens your position legally but helps your child feel secure through a difficult transition. 

If you are considering full custody and need experienced legal guidance, we invite you to contact Cairns Divorce Lawyers. Our team can help you understand your options and prepare a clear, evidence-based case focused on your child’s wellbeing.