Sole Custody in Queensland: How Sole Parental Responsibility Works

What "Sole Custody" Actually Means in Australian Law

Australian family law does not use the term "sole custody." If you have been searching for this term, what you are likely looking for is sole parental responsibility — the Australian legal concept that most closely matches what other countries call sole custody.

Under the Family Law Act 1975, parental responsibility refers to decision-making authority over major long-term issues: education, health, religious upbringing, and the child's name. When one parent has sole parental responsibility, they make all of these decisions without needing to consult or get agreement from the other parent.

Sole parental responsibility is separate from where the child lives. A parent with sole decision-making authority does not automatically have the child living with them full-time. The court can — and frequently does — grant sole parental responsibility to one parent while still ordering that the child spends regular time with the other parent.

The Post-2024 Legal Framework

Before May 2024, the Family Law Act contained a presumption that equal shared parental responsibility was in every child's best interests. That presumption was abolished by the Family Law Amendment Act 2023 (commencing 6 May 2024).

The court now approaches each case with no presumption at all. It assesses parental responsibility entirely through the lens of the child's best interests under the revised Section 60CC factors, with child safety as the paramount starting point. This change makes sole parental responsibility neither harder nor easier to obtain — it simply means the court starts from a neutral position rather than a presumed preference for shared arrangements.

When Courts Order Sole Parental Responsibility

Courts typically order sole parental responsibility when the evidence demonstrates that joint decision-making is unworkable or would harm the child. Common scenarios include:

Family violence. Where one parent has a history of family violence — whether directed at the other parent or the child — the court may determine that requiring consultation on major decisions would expose the victim to ongoing control or abuse. A current or recent domestic violence order is relevant evidence, though the court is not bound by it.

Entrenched conflict. When parents are completely unable to communicate or reach agreement on even basic issues, joint decision-making becomes a mechanism for obstruction rather than cooperation. If one parent consistently blocks or delays necessary decisions (refusing to consent to medical treatment, obstructing school enrolment), the court may decide that sole parental responsibility is the only workable option.

Disengagement. If one parent has effectively disengaged from the child's life — not exercising their parenting time, not responding to communications about the child, not contributing to decisions — the court may formalise that reality by granting the engaged parent sole parental responsibility.

Safety concerns. Severe substance abuse, untreated mental illness affecting parenting capacity, or substantiated child abuse can lead to sole parental responsibility being granted to the other parent. The court focuses on what promotes the child's safety, not on punishing either parent.

How to Seek Sole Parental Responsibility

If you believe sole parental responsibility is necessary, the pathway depends on whether the other parent agrees.

If both parents agree: You can include sole parental responsibility in a parenting plan or apply for Consent Orders through the Commonwealth Courts Portal. The Registrar will review the application to confirm it serves the child's best interests before sealing it.

If the other parent disagrees: You will need to apply to the Federal Circuit and Family Court for parenting orders. Before filing, you must first attempt family dispute resolution and obtain a Section 60I certificate — unless a statutory exemption applies (such as family violence or urgency).

Your application will need to demonstrate, through evidence, why sole parental responsibility is in the child's best interests. Relevant evidence includes:

• Documentation of the other parent's failure to participate in decisions
• Records of communication breakdowns (saved messages, emails)
• Police reports, DVO records, or child protection reports
• A family report from a court-appointed expert assessing both parents' capacity

The court can also order sole parental responsibility for specific issues only. For example, one parent might have sole decision-making authority for medical treatment while both parents share responsibility for education decisions. This targeted approach is increasingly common in cases where conflict exists in some areas but not others.

What Sole Parental Responsibility Does Not Give You

Sole parental responsibility does not mean the other parent disappears from the child's life. The court will still assess whether it benefits the child to spend time with both parents, and in most cases will order some level of ongoing contact — unless doing so would put the child at risk.

It also does not override child support obligations. The non-decision-making parent still has a financial obligation based on the Services Australia formula, regardless of their decision-making authority.

And it does not automatically resolve relocation disputes. If a move would significantly affect the child's arrangements or the other parent's time with the child, seek agreement or a court order before moving, even if you hold sole parental responsibility.

Planning Your Approach

Whether you are negotiating a parenting plan with sole decision-making or preparing an application to the court, having a clear, structured framework makes the process significantly more manageable. The Queensland Child Custody & Parenting Plan Guide includes specific templates for sole parental responsibility arrangements — covering how to draft decision-making clauses, structure care schedules, and document the evidence you will need if the matter goes to court.

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