50/50 Custody in Australia: How Often Does It Happen for Fathers & Mothers?
In Australia, including South Australia, the idea of shared custody — where children spend equal time with each parent — is often seen as an ideal.
However, the law does not presume equal time, and recent changes now place greater emphasis on the child’s safety and welfare as the paramount considerations.
What Does 50/50 Custody Mean in Australia?
In Australia, what is commonly called “custody” is legally referred to as parental responsibility and living arrangements. The law distinguishes between decision-making responsibilities (parental responsibility) and the time a child spends with each parent.
Under section 61DA of the Family Law Act 1975 (Cth), there is a presumption that it is in the child’s best interests for their parents to have equal shared parental responsibility. This presumption was removed on 10 June 2025, except in limited cases where a final parenting order is made after a trial.
This does not automatically mean children will spend equal time with each parent. Following the removal of the presumption, the Court is no longer required to consider equal or substantial and significant time solely on the basis of equal shared parental responsibility. However, where appropriate, the Court may still consider equal time if it supports the child’s best interests and is reasonably practicable.
In South Australia, as in the rest of Australia, these principles apply consistently under the national family law system.
How Often Do Fathers Get 50/50 Custody in Australia?
Under Australian family law, fathers have a strong opportunity to obtain 50/50 custody arrangements, especially following reforms that emphasise the importance of shared parental responsibility. According to the Australian Institute of Family Studies (AIFS), approximately 3% to 9% of post-separation parenting arrangements involve equal time between parents.
Although shared parental responsibility is presumed (unless issues like family violence or abuse are raised), this does not automatically mean a 50/50 time split. As of 10 June 2025, this presumption no longer applies to new parenting matters (unless made as final orders after a hearing). Fathers who can demonstrate strong involvement, stability, and cooperation with the co-parent are increasingly likely to achieve shared care outcomes in contemporary parenting orders.
How Often Do Mothers Get 50/50 Custody in Australia?
Australian Courts approach custody matters with a focus on the child’s best interests, not on parental gender. Nonetheless, mothers historically have been the primary carers and continue to be in the majority of cases. The same AIFS studies show that while mothers still more commonly have a greater share of time with children after separation, there is a growing trend towards shared care.
Roughly 9% of cases reflect equal time-sharing between both parents, meaning mothers, like fathers, achieve 50/50 custody where it supports the child’s welfare. Importantly, Courts do not favour mothers or fathers. Rather, they consider factors such as the child’s need for a meaningful relationship with both parents and the capacity of each parent to provide for their needs.
What Factors Do Courts Consider for 50/50 Custody?
When determining whether 50/50 custody is appropriate, Australian Courts must always prioritise the child’s best interests. Some of the key factors taken into account include:
- The benefit of the child having a meaningful relationship with both parents;
- The need to protect the child from harm, including exposure to abuse, neglect or family violence;
- The practicality of the arrangement, such as the distance between parents’ homes and the ability to manage schooling and extracurricular activities.
- Each parent’s willingness and ability to communicate and cooperate regarding the child’s care.
From 10 June 2025, a simplified list of factors applies when determining parenting arrangements. The child’s safety, including protection from family violence and abuse, is now the Court’s primary consideration.
It is important to understand that while shared parental responsibility may be presumed, this does not guarantee an equal time arrangement. Courts will only order 50/50 custody where it is reasonably practicable and genuinely supports the child’s welfare and stability.
Challenges in Achieving 50/50 Custody
While equal time-sharing appeals to many separated parents, practical realities often make it difficult. The Court looks closely at factors including:
- Geographical distance between the parents’ homes;
- Communication and cooperation between parents;
- The child’s age, needs, and preferences (especially for older children);
- Schooling and extracurricular activities, and how they are managed between households.
Under the new laws, greater weight is given to the need to protect the child from harm, including exposure to family violence.
Where parents live close by and maintain a cooperative relationship, 50/50 arrangements are far more achievable. However, where high conflict or logistical barriers exist, the Court may favour alternative parenting plans that better serve the child’s stability and well-being.
Parenting Plans & Consent Orders
Parents who can agree on 50/50 custody outside of Court can formalise their arrangement through a parenting plan or consent orders. Parenting plans offer flexibility but are not legally enforceable, while consent orders are binding and enforceable through the Court.
(Learn more about parenting plans and child custody arrangements here)
What Happens if 50/50 Custody Fails?
Circumstances can change, making the arrangement impractical or no longer in the child’s best interests. If issues arise — such as parental conflict, significant logistical difficulties, or concerns about a child’s well-being — either parent can apply to the Court to vary the existing parenting orders.
The Court will again consider the paramount consideration of the child’s best interests when deciding whether to modify the arrangements. Under the 2025 reforms, greater emphasis is placed on safety, protection from harm, and the evolving needs of the child. Importantly, the law allows for flexibility, recognising that family dynamics evolve.
Contact Us
If you are considering 50/50 custody in South Australia, it is crucial to seek legal advice tailored to your specific situation.
Engaging in family dispute resolution and prioritising amicable co-parenting arrangements can significantly improve the likelihood of a positive shared care outcome.
For more information, contact us at Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.
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Related Blog – Can a Separated Parent Take a Child Out of State?
