What Does Child Custody Mean?

In family law, child custody is the legal arrangement that dictates who is responsible for the care, welfare, and decision-making of a child or children following a separation or divorce. 

When people ask, “What is custody?” they often seek clarity on who will have the authority and responsibility over their children.

Child Custody Law

When we define custody in the context of Australian law, it’s crucial to understand that child custody laws in Australia are primarily governed by the Family Law Act of 1975. 

This act focuses on the child’s best interests, providing a framework for resolving custody disputes. 

Custody law in Australia aims to ensure that children can know and be cared for by both parents, whenever possible and outlines the responsibilities and rights each parent has towards their children.

History of Child Custody

Here is a quick overview of how child custody law in Australia has evolved over the years:

• Before the 20th century: Child custody was largely governed by English common law, which gave fathers sole custody of their children upon divorce or separation.
• Early 20th century: Social attitudes towards parenting and children began to shift, and there was a growing recognition that both parents should have a role in the upbringing of their children. This led to a series of legal reforms that aimed to give mothers more rights and to recognize the importance of the child’s best interests.
• The Matrimonial Causes Act 1959: One of the most significant legal reforms in the history of child custody in Australia was the Matrimonial Causes Act 1959, which established the Family Court of Australia and introduced a no-fault divorce system. This allowed couples to divorce without proving that one spouse was at fault and also allowed the court to make orders regarding child custody.
• 1975: The Family Law Act was introduced, which established a uniform national system for family law in Australia. This legislation introduced the concept of “parental responsibility”. Upon introduction of this law, it set out child custody legal definition and guidelines.

Over the years, the Family Law Act has undergone several amendments and reforms to reflect changing social attitudes and to better protect the rights of children.

Types of Child Custody Arrangements

These formal plans outline how parents will share responsibilities and time with their children. They can be legally binding if formalised by a court order.

• Joint Custody: Joint custody is when both parents share legal responsibility for a child. It doesn’t necessarily mean that the child spends equal time with each parent, but both have a say in major life decisions.
• Shared Custody: Unlike joint custody, shared custody is an arrangement where the child spends substantial time living with both parents. It aims for a more balanced division of time between homes.
• 50 50 Custody in Australia: This is a specific type of shared custody where the child spends equal time with each parent. It’s one of the most balanced forms of shared custody but may only be suitable for some families.
• Primary Custody: This is when one parent has the majority of the child’s legal and physical custody. The other parent may have visitation rights but has less influence over the child’s day-to-day life.