Custody (Care and Contact) of Children
The word “custody” is not used in the Children’s Act. It appears to have been replaced by the word “care”. In the case of a parental dispute parties must first attempt to mediate and only then approach Court in the absence of an agreement.
Mediation is therefore a prerequisite for being allowed to approach the court. Section 1 of the Children’s Act defines “care” which includes more than just providing a place for the child to live. The new definition of care includes what used to be referred to as custody. The definition of care is a broad concept which includes financial support, promoting the well-being of the child, promoting his or her rights and directing the child. Both parents have a duty and responsibility to ensure that the child has a suitable place to live and to live in conditions that are conducive to the child’s health, well-being and development. Contact is more easily compared with the previously used term “ Access”. Section 1 of the Act says that “contact” means maintaining a relationship with the child.
This would include communication with the child on a regular basis by visiting or being visited by the child, or other regular forms of communication including post / telephone or electronic.
