Key Factors to Consider in Custody for Children Under 2

Child custody can be a complex issue, especially when a child is under two years old. In Australia, the Family Law Act 1975 governs child custody matters.

When determining what is in the best interests of a child younger than two years old, the court considers several factors.

This article examines the laws considered in child custody cases involving child custody under 2 years old.

When determining child custody, the court always takes the child’s best interests into account. This means that the child’s safety, well-being, and development are the primary focus. The court looks at a range of factors to determine what is in the child’s best interests, including:

• The child’s relationships with the parents, grandparents, and other significant individuals
• The child’s age, development, and level of maturity.
• The capacity of each parent to provide for the emotional and physical requirements of the child
• The need for consistency and stability in the child’s care arrangements
• A history or current of family violence, abuse, or neglect
• Any additional relevant factors, including the child’s cultural background and special requirements

The Importance of the Relationship

The child custody law in Australia acknowledges the significance of a child’s relationship with both parents.

This means that the court will consider how much time the child spends with each parent and what the nature of the relationship is like.

When a child is under the age of two, the court will consider the principal attachment figure or figures, who are typically the primary carer or carers.

This implies that the court will consider the child’s strongest attachment and primary carer.

Recommended Arrangement

Research indicates that frequent and consistent contact with both parents is generally considered beneficial for the development and well-being of infants and toddlers.

This is because infants and toddlers are still forming attachments to their primary caregivers, and maintaining these attachments is advantageous.

In their care arrangements, parents must also consider the child’s need for stability and continuity.

This implies that the infant must have consistent routines for them to feel secure and safe.

An example of a parenting arrangement for a child under 2 years old would be like this:

1. The child lives with one parent and sleeps in one place;
2. The child spends 3 hours a day, once every 2 or 3 days, with the other parent that the child does not live with.

In many instances, parents are encouraged to construct a parenting plan outlining the custody arrangements that are in the best interests of the child.

This plan can be formulated with the assistance of a mediator or child custody lawyer to ensure that it is fair and practical for both parents.

The Role of Parenting Plans

Parents who are separating can create a parenting plan to assist in determining child custody arrangements.

A parenting plan is a written agreement between parents outlining how they will divide parental responsibilities and make decisions regarding their child.

The Role of Mediation

Mediation is a common method of resolving child custody disputes in Australia. An impartial third party assists the parents in reaching an agreement during mediation.

When parents can not agree on arrangements for child custody under 2 years old, mediation can be especially beneficial, as the mediator can help them consider what is in the child’s best interests.

Also read: Child Custody Below 7 Years Old: Quick Read Guide

The Role of the Court

Alternatively, if parents cannot compromise on child custody, the family court can decide.

The court will consider the aforementioned factors and may appoint an independent attorney for children to represent the child’s best interests.

The optimal child custody arrangement for a child under the age of two will ultimately depend on the family’s specific circumstances and must prioritise the child’s protection, well-being, and development.

Disputes over child custody can be complicated, particularly when the child is younger than two years old.

The Family Law Act of 1975 governs child custody disputes in Australia and takes the child’s best interests into consideration.

For child custody under 2 years old, the court looks into the child’s primary attachment figure or figures and the need for stability and continuity in their care arrangements.

Parents can develop a parenting plan and engage in mediation to assist in resolving child custody disputes.

If parents cannot reach an agreement, the court will determine what is in the child’s best interests.

Transitioning Between Homes for Infants

One of the biggest challenges for parents managing custody of a child under two years old is planning safe and age-appropriate transitions between households.

At this developmental stage, your baby thrives on predictability and familiarity, and abrupt or extended separations from the primary attachment figure can cause emotional distress.

To reduce stress for your child, transitions should be frequent but brief, and ideally occur during times when your baby is rested and fed.

Gradual exposure to the other parent’s home environment — with consistent objects like blankets, toys, or sleep aids — can help your infant feel more secure in both households.

It’s also helpful to establish similar routines across both homes, including feeding, nap schedules, and bedtime rituals. While complete uniformity may not be possible, predictability gives your child a sense of control and comfort.

Open communication between parents is key. Consider keeping a shared parenting journal or using a parenting app to track your baby’s feeding, sleeping, and milestones — this ensures both of you are informed and engaged in your child’s care, regardless of custody arrangements.

If you’re the parent spending less time with your child, don’t underestimate the value of short, regular visits.

These provide bonding opportunities without overwhelming your baby, and they can gradually increase as the child grows more comfortable and independent.

Key Takeaway: For children under two, custody transitions should be gentle, consistent, and predictable — building trust and comfort in both homes while prioritising emotional security.

Building and Maintaining Bonds with Both Parents

When your child is very young, they’re just beginning to form their emotional foundation — and both parents have a role in shaping those early bonds. While one parent may be the primary caregiver, it’s important for the other to remain actively involved in the child’s life.

If you’re not the primary carer, there are still many ways to build a strong, healthy bond with your child. These include:

• Engaging in routine caregiving tasks like feeding, bathing, and changing nappies during your parenting time.
• Using consistent phrases, songs, or stories that your baby learns to associate with comfort and security.
• Making use of technology such as video calls for daily check-ins, particularly if you live at a distance or have limited physical access.
• Responding to your child’s cues and emotional needs with calmness and patience, even during short visits.

Equally, if you are the primary carer, facilitating contact between your child and their other parent can reinforce your child’s sense of identity and stability. This doesn’t mean handing over control — rather, it’s about acknowledging that your child benefits from strong relationships with both parents when it’s safe to do so.

As your baby approaches toddlerhood, their attachment network begins to expand. The groundwork you lay in the first two years can positively influence your child’s emotional resilience and future relationships.

Key Takeaway: Even with limited time, nurturing a consistent, responsive bond with your baby helps them feel secure and loved — both parents play an important role in early emotional development.