Associate Family Lawyer, Emma Nichelsen explains the nature of applying for 50/50 custody of your children:-
The court will only decide on any parenting orders that you are wanting to be made if it is deemed they are in the best interests of the children.
In determining the best interests of the children the court does need to look at under Section 65DAA of The Family Law Act whether spending equal time with each parent is in the best interest of the children.
The court may find that it is, but the court may also find that it’s not, for a variety of reasons and if the court finds that it is not in the best interests of the children to spend equal time with each parent they might come to the conclusion that it’s in the best interest of the children to spend what’s called, substantial and significant time with each parent, and it’s usually a good idea to get legal advice in relation to what equal time, substantial time and what does significant time mean for you.
Particularly because there are a whole variety of different factors which could mean that one is actually better in your case than the other or the court is more likely to order one over the other.