CHILD CUSTODY
"Residence" was once called custody.
Residence deals with who the child is to reside or live with.
When parents separate or do not live together, one of the most important issues that they need to resolve is the children's continued contact with their parents and where the children are to live.
The importance of this is in fact set out clearly in the Family Law Act 1975 which relates to all children in Australia. The Act sets out that its object is "to ensure that children receive adequate and proper parenting to help them achieve their full potential and to ensure that parents fulfil their duties and meet their responsibilities concerning the care, welfare and development of their children".
The Family Law Act also sets out that the principles underlying this object are, unless it would be contrary to a child's best interests:
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