Sole custody in NSW is a type of custody arrangement wherein one parent enjoys exclusive rights to have custody of the child. 

Sole parental responsibility means that one parent has complete responsibility for the major long-term decisions of their children until the age of 18 years. Under Section 4 of the Family Law Act 1975, major long-term decisions include the child’s:

• Education (current and future);
• Religious and cultural upbringing;
• Health;
• Name; and
• Living arrangements.

It is important to note that it is not the same as child custody and does not mean the other parent cannot spend time with their children. Sole custody means a parent wants to have sole parental responsibility and sole care of the child.

 In short, divorce is the dissolution of a marriage. Australia has adopted the no-fault system. The only requirement for a divorce is an irretrievable breakdown of the marriage. This is reinforced by the condition that the husband and wife having been separated for a minimum of 12 months, with no likelihood of getting back together.  

Some people think that you need to sign a document or register the separation. That is not the case. You are separated if all of the following apply to you and your spouse: 

• One or both of you have decided that the marriage is over; 
• The decision that the marriage is over has been communicated; 
• One or both of you must then act on that decision either by living apart or, if you remain in the same home, by acting in such a way that it is clear that the relationship is over.

 What are consent orders?
The Family Court encourages families in dispute to reach agreement about the care arrangements for
their children, the division of property or spouse maintenance.
If you want your agreement to become an order of the Court, you can apply for ‘Consent Orders’ to be
made without having to actually go to Court. You can do this with the help of your
lawyer.
Consent Orders have the same legal effect as an order made after a Court hearing.

Financial agreements can be made under the Family Law Act 1975 (Cth) to deal with all aspects of the division of the parties’ property, including superannuation interests.

Financial agreements for de facto couples in all states which have referred their powers to the Commonwealth are governed by the Family Law Act 1975. De facto couples residing in Western Australia are governed by the Family Court Act 1997 (WA).

Financial agreements cannot be approved by courts or registered in courts.

For financial agreements to be binding, they must comply with the formal requirements of the Act.

Grandparents are entitled to apply for parenting orders under s 65C of the Family Law Act 1975, which provides:

A parenting order in relation to a child may be applied for by:
(a) either or both of the child's parents; or
(b) the child; or
(ba) a grandparent of the child; or
(c) any other person concerned with the care, welfare or development of the child.

There are generally two circumstances where grandparents seek advice on parenting orders:

1. One of the parents cannot or does not participate in the child’s life, for example, they are deceased, drug or alcohol addicted or mentally ill, and the grandparents are seeking orders either for the child to live with them, or to spend regular time with them; or
2. Both parents participate in the child’s life, but one of them prevents the grandparents from doing so, and the grandparents are seeking time with the child.

As with any parenting order, the court will always consider an application by the grandparents through the prism of what is in the child's best interests: s 60CC.