Why Apply for Sole Custody of Your Children?

When a relationship comes to an end, the welfare of your children is likely to be your priority. When negotiating the parenting order that will determine custody arrangements, it would be ideal if both parents were in full agreement as to these arrangements. This is not always going to be the case, and your specific circumstances might make you concerned for your children if your former partner was to receive any form of custody. Should you apply for sole custody of your children?

Custody and Responsibility

Sole custody as per a parenting order does not necessarily exclude any visitation with your former partner. It simply means that you retain sole custody (as in, your children reside permanently with you). Sole custody can be granted in conjunction with sole parenting responsibility, meaning that you do not need to consult your former partner before making any decisions pertaining to your children. But why would you apply for sole custody?

Concerns for Welfare

Sole custody is generally sought when there is concern for the welfare of your children while they're in the care of your former partner. These concerns can include the proven potential for physical or psychological harm, any substance abuse problems your former partner is facing or a serious mental illness. In short, sole custody can be your objective when you have genuine concern for your children's wellbeing while they're under your former partner's supervision. It's not a decision to be made lightly, and the parenting order granting you sole custody can be revisited should circumstances change.

A Binding Order

Bear in mind that your former partner might be unwilling to relinquish full custody, and so they might dispute the matter. You should engage family law solicitors to assist you during the drafting process of the parenting order so that you end up with a binding order that is in the best interests of the children. You then have the ability to call upon additional legal resources if your former partner contravenes the order. They might attempt to make physical contact with your children (such as picking them up after school) in a clear breach of the order. Sole custody allows you to lodge a contravention and recovery application, empowering the police to intervene and return your children to you. 

Visitation Issues

Although you might have sole custody, this does not exclude the possibility of visitation, and yet concern for your children's welfare can result in stringent conditions being imposed on any contact. So that your children are not denied the possibility of a meaningful relationship with either parent, you might wish to request supervised contact. This is when any time your former partner spends with your children (as determined by the parenting order) is supervised, generally by someone known to you (a family member or friend). This person is ideally known to your children and former partner too. Alternatively, a qualified representative from Children's Contact Services can supervise the visitation. 

Choosing to apply for sole custody can be an extremely difficult decision, but sometimes it's a decision that needs to be made.

Reach out to a family law solicitor for more information.

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