Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Family Law - Possible for Ex to Gain 50/50 Custody of Children?

Discussion in 'Family Law Forum' started by Audrey, 28 September 2015.

  1. Audrey

    Audrey Member

    28 September 2015
    Likes Received:
    My ex has had visitation of one night a fortnight via consent orders for the past 5 years. He has floated in and out of my daughter's life in this time. He has now decided that he wants 50/50 custody of children.

    He does not work, does not pay child support, has very erratic behaviour and acts like she is a toy. She has a very stable home life. Goes to a great school and lives with myself, my partner and another sibling.

    My question is would, it be possible under Family Law for him to gain 50/50 after only having one night a fortnight for so long???
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    There's too many facts missing to predict an outcome (and it's impossible to predict anyway because it's dependent on the judge and the other party's case as well), but of course it is possible. He would have to show it's in the best interests of the child to spend equal time with each parent according to section 60CC of the Family Law Act 1975.

    Where the court upholds the presumption of shared parental responsibility, it must first consider if equal time arrangements would be in the best interests of the child, and where they are not found to be in the best interests of the child, it must then consider if orders for substantial and significant time are in the best interests of the child.

    Substantial and significant time consists of a mix of weekends, weekdays, holiday time and special occasions, like birthdays, etc. Typically, an alternate weekends arrangement isn't favoured by the court anymore, so even if equal time isn't awarded, the other parent has a good chance of gaining more than what he shares with his child now.

    There are no compelling facts listed here which suggest an increase in time is not in the best interests of the child, either. Not working doesn't make a person a bad parent, and treating the child like a toy is an opinion, not fact. Further, there's a hundred different ways that the facts listed here could be used to the advantage of the other parent, like arguing the child's time with her dad must increase to enable her to continue having a meaningful relationship with him because her relationship is not otherwise receiving any support while she is not in his care.

    So, in summary, yes, it is possible for him to gain equal care, but it depends on how you pitch yor respective cases, what the facts of the case are, who the judge is and whether or not such an arrangement would be considered by the court to be in the best interests of the child.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page