custody of children

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of "custody" and "access" in some member nations. Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent.

View More On Wikipedia.org
  1. J

    VIC On a family preservation order but wants to live else where.

    I have a sister aged 14, is currently on a preservation order, and wishes to reside with me in my care. she has her own solicitor and CPS caseworker and has expressed to both of them that she wants to leave home, due to an unsafe and unstable environment at home. however, there seems to be no...
  2. W

    QLD Custody of Children - Can Ex Prevent Interstate Relocation with Child?

    Hi I live in QLD with my 10-year-old daughter. Father of daughter lives in NSW. Court orders state that the child lives with the mother. We have joint custody of children /parenting responsibility. There are visitation schedules set out in the order when father comes to QLD for select...
  3. M

    VIC Overseas Trip for Children - Procedure in Family Law?

    My partner's ex-wife has full custody of children for their 12&15 years old boys who have never travelled overseas before. We need to take them for a month to attend our wedding in our home country. What is the best approach to that under Family Law? Not sure if we should approach her directly...
  4. J

    QLD Ex-wife relocating with Children - Possible outcomes?

    I'll try and keep this as succinct as possible... My ex wife and I both have lived, worked and brought up our children in Brisbane. We divorced about 2 years ago and have been separated for 4. Our children are nearly 10 and 8. We have both co-parented efficiently during all of that time...
  5. S

    VIC Ex-partner Changing Care and Custody of Children Arrangements

    My previous significant other and I developed a parenting plan together with RA. He has not stuck to the plan. He has also changed transition days without consultation. We had 50:50 care and custody of children, however, he now only lets me see my sons three days a fortnight. My sons are 16...
  6. S

    SA Help with Custody of Children and Child Support?

    Help! Ex is giving me hell. We have a 5-year-old daughter. I just found out she is my daughter and I'm not on the birth certificate. She is taking me to family court for full custody of children for my daughter. The only rights I will have is under supervision. She is saying I'm bad and hasn't...
  7. nic3113

    QLD divorce law, custody of children

    hoping someone can answer this quick question... My husband has filed for divorce, in the application he states that he wants different care arrangements for the children to what we have agreed on. Our parenting plan is not current. I have a response ready, but would rather save the 400 filing...
  8. T

    NSW Chances of Ex Getting Recovery Orders?

    My ex is a narcissist and very manipulative and also a compulsive liar. Anyway, I was stupid enough to sign an interim parenting order where he sees our daughter one night a week (4 hours) and has a full day with her on Sundays (10am-6pm), however, I feel he’s pushing the custody of children...
  9. S

    SA Separation - Who Pays Contents Insurance and Council Rates?

    Hi, Currently going through a separation. The ex has moved out and we share 2 children 50/50 custody of children. I'm currently paying 100% of mortgage and utilities. Question 1, is she responsible for half the council rates? I'm effectively renting her half of the property off of her by...
  10. C

    QLD Partner moving interstate

    My partner has taken up a job interstate that will be 50% Melbourne, 50% Brisbane, one week in Brisbane and one in Melbourne. This matches our current custody agreement as in nights she and I have our son (he is a little under 2 years old). I will have him while she is away and when back she...