What does custody of my children really mean?

The terminology used by the Family Law Act has changed a few times since is began in 1975. At first the terms custody and access were the norm. Then later the terms residence and access were used.

Now there is no such thing as “custody”. Custody, when it was a part of the Family Law Act, related to both where a child lived and the responsibility for making decisions.

Now the terminology is simply “lives with”, in other words who the child or children “lives with” and “spends time with” and “communicates with” which speaks for itself. Under the Family Law Act there is a presumption (in the absence of family violence or abuse of children) that both parents have equal parental responsibility (not time).

That’s a simple explanation of the terminology. If need need more information contact us at Family Lawyers & Mediation Services for an appointment.

This is general information only and is not legal advice. You should obtain specific legal advice regarding your specific circumstances. © Family Lawyers & Mediation Services. All rights reserved. Liability limited by a scheme approved under Professional Standards Legislation.