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Child custody: Who will get custody of our children?

The term “custody” and “residence” of children is no longer used in Australian Family Law and has been replaced with the phrase “lives with”.  “Child custody” is however still the most commonly understood term used.

In a divorce or separation, the question of who will have the children live with them is a very heated issue. There is no easy answer to this question of who a child lives with. Each situation is decided upon the individual facts by the Family Court. There is no automatic preference that the children live with either spouse upon the breakdown of a relationship.

The paramount principal in an Australian Family Law Court is what is in the best interest of the child.

See Family Law blogsite for examples of cases

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