Custody and Breastfeeding: Factors, Visitation & Importance

child custody when mother is breastfeeding

Child custody disputes can be emotionally stressful and legally complicated. When a mother is breastfeeding, it may be necessary to take additional factors into account.

The Family Law Act 1975 governs child custody issues in Australia, recognising the necessity of breastfeeding for infants’ health and well-being.

Here is a closer examination of how Australian law deals with child custody when the mother is breastfeeding.

Practical Considerations

Breastfeeding can pose practical challenges for shared care arrangements, such as when the child needs to be fed during visits with the non-resident parent.

In such cases, the court may order that the mother provides expressed breast milk or formula for the child during visits or that visits take place around feeding times.

Visitation Schedule for Breastfeeding Infant

If the mother is breastfeeding, there are several parenting arrangement options available that can take into account the needs of both the mother and the child. Here are some possible arrangements:

  • Sole custody with regular visits: The mother may have sole custody of the child, but the father can have regular visits with the child. The visits can take place at times that do not interfere with breastfeeding, or the mother can provide expressed breast milk or formula for the child during visits.
  • Joint custody with breastfeeding-friendly arrangements: The parents can agree to joint custody, where the child spends time with both parents. The parenting arrangements can be breastfeeding-friendly, such as having shorter but more frequent visits with the father or having visits during feeding times.
  • Temporary custody arrangements: If the child is still a newborn or infant, the mother may need temporary custody until breastfeeding is established. After this period, the parents can revisit the custody arrangements and adjust as needed.
  • Mediation and negotiation: If the parents cannot agree on the custody arrangements, they can seek the help of a mediator to facilitate discussions and come up with a mutually agreeable arrangement that takes into account the needs of the child and the mother’s breastfeeding needs.
  • Court-ordered arrangements: If the parents cannot agree on the custody arrangements, they can seek the court’s intervention. The court will consider the best interests of the child and may order arrangements that take into account the mother’s breastfeeding needs.

In any event, it is essential to prioritise the child’s needs and guarantee their safety and care. The parents can work together to create a parenting plan that benefits everyone, or they can seek professional assistance of custody lawyers if necessary.

Presumption of Shared Parental Duties

One of the most important goals is to ensure that children have meaningful relationships with both parents when it is safe and in their best interests.

There is a presumption of shared parental responsibility, which means that both parents should have an equal voice in significant decisions concerning the child’s upbringing, such as education, healthcare, and religion.

However, this does not imply that equal time or shared care is suitable for all families.

The family court will consider a variety of factors, such as the child’s age, the relationship between the parents, the child’s wishes (if they are mature enough to express them), and the practicability of proposed arrangements.

Also read: Does the Mother Always Have Automatic Custody?

Breastfeeding and Its Importance

The court must consider the significance of breastfeeding to the child’s health and well-being when a mother is breastfeeding.

Antibodies and essential nutrients in breast milk protect infants from illness and infection.

Additionally, breastfeeding facilitates bonding between mother and infant, which is essential for emotional development.

If the primary caregiver is the mother and the child is still breastfeeding, the court will likely prioritise the child’s need for continuity and stability in their care arrangements.

Breastfeeding may have a significant impact on the duration and frequency of visits with the non-resident parent.

In some instances, the court may order that the non-resident parent’s visits be supervised or occur at specific times to minimise disruption of the child’s breastfeeding routine.

Breastfeeding and Winning the Custody Battle

Can a mother use breastfeeding to win child custody battle? No, a mother cannot use breastfeeding to automatically obtain custody of her child in a custody dispute with the father.

Decisions regarding child custody when mother is breastfeeding. are based on the child’s best interests, and factors such as the child’s relationship with each parent, their physical and emotional well-being, and their ability to satisfy the child’s needs are considered.

Although lactation is regarded as essential for the health and well-being of infants, it is not a factor in custody decisions.

If the mother is the primary caregiver and the child is still breastfeeding, the court may consider the child’s need for continuity and stability in care arrangements, as well as the feasibility of proposed custody arrangements.

However, this does not automatically grant custody to the mother.

Also read: Does the Mother Have Full Custody?


In conclusion, child custody when mother is breastfeeding is a complex issue that requires careful consideration of the child’s best interests. The court will take into account the importance of breastfeeding for the child’s health and well-being and strive to ensure that both parents have a meaningful relationship with the child.

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.

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