The terms “custody” and “access” are no longer used by the Family Court in Australia as they were considered to place the emphasis on parents and not on children, i.e. one of the parents having custody of their child and one parent having access to their child. Instead the Court prefers terms that are more child focused, and so presently the Court refers to where a child predominantly resides or lives and who a child has contact or spends time with. For that reason these type of parenting orders are some times referred to as “residence” or “lives with” and “contact” or “spends time with” orders.

(a) ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child; and

(b) protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and

(c) ensuring that children receive adequate and proper parenting to help them achieve their full potential; and

(d) ensuring that parents fulfill their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

The Court upholds the following principles unless it would be contrary to a child's best interests:

(a) children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and

(b) children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives); and

(c) parents jointly share duties and responsibilities concerning the care, welfare and development of their children; and

(d) parents should agree about the future parenting of their children; and

(e) children have a right to enjoy their culture (including the right to enjoy that culture with other people who share that culture).