Drafting Your Parenting Plan Expectations: Seeking Sole Custody in Australia [Sample Draft included]

This guide is designed to help you draft your expectations for a parenting plan, focusing on seeking sole custody due to your ex-partner's prolonged absence and history of domestic violence (DV).

There are two ways a parenting order can be made by the court:

  • By consent, if the parents agree to the parenting arrangements –  these orders are often referred to as Consent Orders; or
  • By the court after a parent files an application and there is a hearing.

Understanding Custody Options (Australia):

Australian family law prioritizes the best interests of the child. There are various custody arrangements, and the specific terminology might differ slightly between states. Here's a general overview:

  • Sole Parental Responsibility: You would have the exclusive legal authority to make decisions regarding the child's upbringing, residence, education, and medical care. The other parent would generally not have any decision-making rights.
  • Primary Care: This arrangement grants you the primary residence of the child, with the other parent having defined visitation rights.

Considering Your Situation:

Given the 10-year absence and DV history, seeking sole custody seems reasonable. However, the court will consider all aspects of the situation.

Drafting Your Expectations:

Here's a breakdown of key areas to address in your draft, focusing on your arguments for sole custody:

1. Child's Needs and Wellbeing:

  • Focus on your child's stability and routine you've established over the past 10 years.
  • Highlight any potential disruption to their well-being if significant changes occur in their living arrangements or decision-making authority.

2. Ex-partner's Absence and DV History:

  • Provide a clear timeline of the ex-partner's absence from the child's life.
  • Explain how this absence has impacted the child and their relationship with the other parent.
  • If there's documented evidence of DV, include details (redacted for anonymity if online).

3. Your Capacity to Care for the Child:

  • Outline your ability to meet the child's physical and emotional needs.
  • Mention your established routine, stable home environment, and support system.

4. Decision-Making:

  • Emphasize the importance of consistent decision-making in the child's best interests.
  • Explain why sole parental responsibility is necessary to ensure continuity and avoid potential conflict.

5. Visitation (if applicable):

  • If you're open to some form of visitation, outline your proposed schedule and conditions.
  • Prioritize the child's well-being and consider factors like their age, extracurricular activities, and sleep schedule.
  • Evening and weekend visits might be more manageable than overnight stays initially, considering the child's established routine with you.

Sample Points for Your Draft (for illustrative purposes only):

  • "[Child's Name] has thrived in the stable and loving environment I've provided for the past 10 years. Introducing significant changes to their living arrangements or decision-making authority could be detrimental to their well-being."
  • "[Ex-partner's Name] has been absent from [Child's Name]'s life for the past [Number] years. This lack of involvement has created a significant gap in their relationship."
  • "[Include details of any documented DV incidents, redacted for anonymity if online]."
  • "I have the established routines, stable home environment, and support system necessary to continue meeting [Child's Name]'s physical and emotional needs effectively."
  • "Sole parental responsibility would ensure consistent decision-making in the child's best interests and avoid potential conflict arising from differing parenting styles."
  • "If the court deems visitation appropriate, I propose [Specific schedule and conditions that prioritize the child's comfort and well-being]."

Important Note:

  • This is a sample structure, and the specific content will depend on your unique situation.
  • Consider including evidence to support your claims, such as school reports, daycare records, or witness statements (if applicable).

Seeking Legal Help:

While this guide provides a starting point, strongly consider seeking legal advice from a family lawyer experienced in child custody matters. They can review your situation, advise on the most suitable custody arrangement to pursue, and represent you in court negotiations or mediation.

Remember:

  • The court's primary concern is the child's best interests.
  • Prioritize clear and concise communication, focusing on the child's needs and stability.
  • Legal representation can significantly increase your chances of a successful outcome.