How often fathers get 50/50 custody, now called equal shared care, in Australia has increased but is not automatic. Since Family Law Act changes in 2006 and 2024, court no longer presumes 50/50, but considers best interests of child, safety from family violence, and benefit of meaningful relationship with both parents. Data from Australian Institute of Family Studies shows about 15% to 20% of separated families have equal 50/50 care time, about 25% have substantial shared care where father has 35% to 47% of nights, about 40% have father seeing child every other weekend plus half holidays, and about 20% have father with little or no contact, often due to distance, violence or disengagement. In court-ordered cases, Federal Circuit and Family Court orders 50/50 in about 20% to 25% of cases where both parents seek it and there is no safety risk, low conflict, proximity of homes, and ability to co-parent. Fathers are more likely to get 50/50 if they were primary or equal carer before separation, live within 20km, have flexible work, no family violence, and child is school age not infant. For infants under 3, 50/50 is less common, courts prefer primary attachment figure. For older children, 50/50 is more common. Overall, while fathers can get 50/50, it requires agreement or proof that it is in child's best interests, safe and practical, and about 1 in 5 fathers achieve equal time.
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