Legal Question in Family Law in Australia

Re: sole custody

I refer to your recent enquiry.

I advise that in Australia all matters pertaining to Applications for the welfare of the children are determined pursuant to the Family Law Act. It does not matter whether you are married or not.

In Australia the relevant terminology is Residency and Contact. The word Residency replaced the word Custody about five years ago. It denotes as to who the child is primarily to reside with. The word contact denotes who the child is to visit.

I advise that you are able to make an Application in the Family Court of Australia to seek Residency Orders for both your two children. Obviously, if you and your partner can come to an agreement then that Order can be signed and lodged with the Court.

If I can be of any further assistance and you wish to gain some more specific advice as to making an Application to Court, then please do not hesitate to contact me directly.

Yours faithfully

Brett Hartley

Hartley Family Law Services