Children-Child Custody and Contact

The words, “child custody” and “contact” have been replaced in the Family Law Legislation by the words, “resident parent” and “time spent with”.  The intention of the legislative changes is to emphasize that no parent owns a child.

Both parents whether married or not have full responsibility for all their children until a child is eighteen years old. The Family Law system strongly encourages parents to reach an agreement regarding the care of their children as the children are directly affected by separation and divorce whether by a change of residence, loss of the family home and familiar surroundings and in particular a change in the amount of time they spend with each parent.  The court can formalise agreements between parents in relation to the children by making  Consent Orders.

Recent legislative changes also require parents to attend family dispute resolution to resolve disputes about children prior to lodging an application with the court. These changes are intended to promote the sharing of parental responsibility in the event of family breakdown.