Family Law

Custody and Access

Custody and access pertain to legal arrangements involving a child post-separation or divorce. Custody determines where the child will primarily reside and who makes major decisions. Access outlines visitation rights for the non-custodial parent, ensuring a continued relationship with the child. These arrangements prioritise the child’s best interests while considering both parents’ involvement in their upbringing.

What does custody refer to in legal terms?

Custody involves determining where a child will primarily live and who will make significant decisions regarding their upbringing.

What is joint custody?

Joint custody entails both parents sharing decision-making responsibilities and often, but not always, equal time with the child.

What is access in relation to custody?

Access, also known as visitation, outlines the non-custodial parent’s scheduled time with the child to maintain a relationship and foster meaningful involvement.

What is the difference between physical and legal custody?

Physical custody refers to where the child lives, while legal custody involves decision-making authority about the child’s education, healthcare, and other important matters.

What is sole custody?

Sole custody grants one parent the primary responsibility for making decisions and housing the child, while the other parent typically has access or visitation rights.

How are custody and access decisions made?

Courts or parents can make custody and access arrangements. Decisions prioritise the child’s well-being, taking into account factors like parental capacity and the child’s best interests.