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Australian Family Law — General Information

What are my chances of 50/50 custody in Australia?

Short Answer

There is no automatic 50/50 custody, but equal time can be ordered if it is in the child's best interests and practical. The court looks at safety, parenting capacity, distance between homes, and the child's routine.

The Legal Position

Equal time is assessed under current Part VII principles, including s 60CC and s 65DAA where applicable. The court looks at safety, relationship with each parent, practicality, and the evidence supporting or opposing restriction. Equal time is not automatic, but it remains a position a parent can advance on the evidence.

  • s 65DAA Family Law Act 1975 (Cth)
  • s 60CC Family Law Act 1975 (Cth)

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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 →