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Australian Family Law — General Information

Do courts favour mothers in Australia?

Short Answer

The law does not favour mothers or fathers. The court must make decisions based on the child's best interests, with the main focus being the child's safety and wellbeing.

The Legal Position

The Family Law Act is gender neutral. The court applies s 60CA and s 60CC and focuses on safety and the child's welfare, not the gender of the parent. Outcomes depend heavily on evidence, stability, and safety concerns.

  • s 60CA Family Law Act 1975 (Cth)
  • s 60CC Family Law Act 1975 (Cth)

Watch

Settlement under shadow of law explained

Statistics show custody outcomes

Court statistics on custody awards to mothers and fathers

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Custody patterns and parent influence

Do courts favor mothers in Australia?

Fathers more affected by orders

Court bias in custody outcomes

Understanding how the test works is the first step to building a strong case.

Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice. Read full disclaimer →