Mother vs Father Custody Statistics in Australia

The Australian Institute of Family Studies (AIFS) reports that gender-based child custody statistics reveal the following:

Mother’s role in child custody:

• Mothers are the custodial parents in about 80% of cases.
• Mothers are the primary decision-makers daily in over 90% of court-approved joint custody situations.

Father’s role in child custody:

• Fathers secure sole custody in roughly 10% of all instances.
• Fathers are the primary custodial parent in around 11% of cases.
• Joint custody is awarded to fathers in around 7% of cases.

Additional data shows:

• The court system determines custody arrangements in only 3% of separation cases, primarily those dealing with separation involving family violence, child safety concerns, and other intricate problems.
• 97% of separated parents avoid court to settle their custody disputes, with 16% seeking assistance from family dispute resolution services or legal counsel.
• Mothers provide at least 53% of the childcare in 83% of cases, while fathers do so in only 7%.
• 53% of judge-decided cases rule for primary parental responsibility, while parent-resolved cases result in shared parental responsibility 93% of the time.
• Mothers are more likely to receive custody of the children whilst fathers are more likely to pay child support

In all cases, the courts aim to act in the child’s best interest, independent of the parent’s gender.

Whilst these statistics do indicate certain trends, it is important to remember that custody decisions are individualized and that there is no universally applicable approach.

Also read: Father’s Rights After Separation

Why Do Mothers Have Higher Custody Rates Than Fathers?

Reasons for higher custody rates for mothers compared to fathers in Australia include:

• Primary Caregiver Status: Mothers are often the child’s primary caregivers, making them more likely to win custody based on their close relationship with the child.
• Past Legal Preference: Before the Family Law Amendment (Shared Parental Responsibility Act) 2006, the law usually favoured mothers for custody awards, even when fathers had been the primary caregivers pre-separation.

However, the decisions by courts indicate that they are seeking to neutralise this bias:

• Shift towards Shared Parental Responsibility: Post-2006, courts in Australia have aimed for ‘equal shared parental responsibility,’ where parents are involved in decisions about their children’s future.
• Changing Family Structures: According to the 2006 Australian Bureau of Statistics, about 42% of children under 18 lived in single-parent households, which continues to rise yearly. Additionally, the Australian Institute of Family Studies found that 20% of children live in blended families, which include step-siblings and step-parents.

What are the Chances of a Father Getting Full Custody?

The Australian Institute of Family Studies (AIFS) reports that in cases where a judge finalises custody orders, fathers are awarded primary care in approximately 19% of cases.

The chances of a father obtaining full custody of a child depend on various factors, with the primary consideration being the child’s best interests.

Historically, there was a perception that courts favoured mothers in custody cases, but this is no longer the case. Australian family law promotes shared parental responsibility and aims for arrangements that benefit the child’s well-being.  

Key Factors Influencing a Father’s Chances of Obtaining Full Custody:

1. The Child’s Best Interests: The court’s paramount consideration is what is in the child’s best interests. This includes factors such as the child’s age, their relationship with each parent, each parent’s ability to provide a safe and stable environment, and any history of family violence or abuse.
2. The Father’s Capacity to Care: The father’s ability to meet the child’s emotional, physical, and developmental needs is crucial. This includes factors like his living situation, financial stability, work commitments, and support network.
3. The Mother’s Capacity to Care: The court will also assess the mother’s capacity to care for the child, considering the same factors as the father. If the mother has issues such as substance abuse, mental health problems, or a history of neglect or abuse, this could increase the father’s chances of obtaining full custody.
4. Willingness to Co-Parent: Demonstrating a willingness to co-parent and to facilitate a positive relationship between the child and the other parent is essential. Unreasonable attempts to alienate the child from the other parent can negatively impact a father’s custody case.
5. History of Family Violence: If there’s a history of family violence or abuse by the mother, it can significantly increase the likelihood of the father obtaining full custody. The court prioritizes the child’s safety and well-being.

Mother vs Father Custody Statistics in Australia

If you’re navigating the complex waters of child custody, trust our lawyers to be your ally.

Our expertise in family law ensures you’ll receive comprehensive advice and robust representation.

Don’t let statistics discourage you; let us champion your cause for your child’s best interests.

Contact Justice Family Lawyers today.