Applying for full custody of a child in NSW step by step guide for women

Applying for full custody is a big decision. In NSW family law, "full custody" usually means one parent has sole parental responsibility for the major long-term decisions about a child. Courts only make that order if it is in the child's best interests. This guide explains the pathways, the paperwork, and the practical steps that help mothers present a strong, child-focused case.

Parental responsibility covers the duties and authority parents have for their children. The law defines parental responsibility in Family Law Act 1975 s 61B and confirms that each parent has parental responsibility unless a court orders otherwise in s 61C. Courts decide parenting arrangements by applying the paramount rule in s 60CA and the updated best-interests framework in s 60CC.

Since 6 May 2024, the parenting law has changed. There is no presumption of equal decision-making now. Courts focus on a simplified list of best-interests factors and on safety. See the official overview of the reforms and the parent factsheet for details. Family law changes from 6 May 2024 and Family Law Amendment Act 2023 factsheet for parents. 

If you are just starting separation, it helps to steady the emotional side while you plan. Try separation and divorce and dealing with separation for mindset and routines that make the next steps easier.

Courts rarely grant sole parental responsibility unless there are strong reasons. Examples include family violence, risks to the child's safety, persistent non-involvement by the other parent, or entrenched conflict about major decisions that harms the child. Decisions always turn on the best-interests test in s 60CA and s 60CC. 

If safety is an issue, learn about protection options in NSW. Start with the government guide Getting an AVO and Legal Aid's AVO information.

For perspective on how the family law system feels in real life, read this interview: family law system.

Many families reach full-custody outcomes without a trial.

Keep family routines steady during negotiations with practical reads like parenting tips and positive parenting.

If there is no agreement and you believe full custody is necessary, work through this checklist.

Family law is evidence-driven and procedural. A short early consultation can clarify strategy and save missteps. For professional support, firms like Lamont Law guide mothers on evidence, exemptions and filing.

Before filing, most parents must attempt Family Dispute Resolution unless an exemption applies due to risks or urgency. You will usually need a section 60I certificate to start a court case. The court explains compulsory pre-filing FDR and exemptions here. Compulsory pre-filing FDR.

Step 3. Prepare your documents 

Prepare your Initiating Application, any request for interim orders, affidavits, the Parenting Questionnaire and risk notices. The forms list is here. Family law forms. 

Register and eFile through the Commonwealth Courts Portal, then follow the court's how to eFile steps.

Serve the other parent according to the rules and keep proof of service. The forms page includes a Service Kit and an Affidavit of service template.

Interim orders manage risk and stability until a final decision. Courts apply the best-interests test in s 60CC at each stage. For practical examples of orders, see the federal Parenting orders handbook.

For expectations and mindset while you navigate the process, read to know where you stand.

Judges need clear, relevant facts. Structure your affidavit to cover:

Quality evidence matters more than volume. Helpful material includes police reports and AVOs, medical and counselling notes, school reports and attendance, messages that show patterns, and witness statements from teachers or health professionals. If safety is a concern, the NSW guide Getting an AVO explains the process and breaches.

Interim orders are temporary. They can set living arrangements, decision-making on specific topics such as schooling or medical care, and supervised time where required. Final orders resolve parental responsibility and time after all evidence is tested. The court's parenting orders overview explains how orders work and the consequences of breaching them. 

Before the first court date, confirm that you:

For practical insight into staying calm and credible, see this interview on the family law system.

Full custody does not always mean no contact with the other parent. Depending on risk and the child's needs, the court can order supervised or limited time. For workable wording and examples, use the Parenting orders handbook. For day-to-day routines, try positive parenting and the broader parenting hub.

Parenting laws and forms change. Check the official update page Family law changes from 6 May 2024 before you file.