“Sole custody” refers to one parent having virtually 100% care of a child coupled with exclusive responsibility for making decisions about their welfare and development.
Orders to this effect would usually only be sought if the other parent does not have the physical or mental/emotional capacity to care for the child or meet their basic, everyday needs; or there are otherwise concerns with respect to family violence or child abuse for which the non-custodial parent is allegedly responsible.
If the other parent is not willing to agree to a “sole custody” Order and no compromise can be reached via negotiation or FDR, then an Application to the Family Court will be necessary.
The parent seeking “sole custody” (or “exclusive parental rights”) will be required to provide credible evidence to the Family Court to support their position and to justify the Orders they are seeking.