The welfare principle in practice
Custody is not decided as a contest of rights between parents. Courts look at what arrangement serves the child — stability of schooling and residence, the age and needs of the child, the ability of each parent to provide care, and the child's own preference where the child is old enough to express it meaningfully.
Custody and visitation
Custody and access are distinct. A parent who does not have day-to-day custody may still be granted visitation on defined terms. Workable arrangements are usually specific: days, timings, place of handover and arrangements during vacations.
- Interim custody or visitation during pendency of a proceeding
- Guardianship applications where appointment is required
- Variation of an existing arrangement on changed circumstances
What is not promised
No advocate can promise a custody outcome. Advice here is limited to explaining the considerations that generally apply and presenting the client's circumstances accurately before the court.
This page provides general information about legal procedure and does not constitute legal advice. No outcome is promised or guaranteed. Every matter turns on its own facts and on the law applicable at the relevant time.