Following is copied from another thread: To get custody of children, the father would need to show that it's in the child's best interests to live with him, and that the child's best interests are not currently being met living with the mother. What the family court considers when deciding what's in a child's best interests is listed under section 60CC of the Family Law Act 1975. Can the following be regarded as best interest for the child? - Being able to provide a better environment (eg. renting an apartment where father can lives with kid assuming kid is around 2 years old compared to the other party that rent a shared apartment) - Being able to support the kid intellectually (eg. speaks good english, blend into community, have a good degree compared to the other side) - Being able to financially support the kid (eg. have a stable part-time work compared to the other side that leech off child support and refuse to give more time to father, and leech off Centrelink) - Sacrifice full-time job in order to be able to spend more time with kid During mediation, the father was told by the mediator that it doesn't work that way and since the father is capable of earning higher income, the father should work and supply the other side. I am not sure how this is fair to the father, just because the father can generate income doesn't mean that the father cannot spend overnight and being treated like an ATM.