Here we briefly define what each type of custody means. If you are having problems finding middle ground with your former partner, contact Vanessa Ash to obtain expert legal advice.

     Legal custody
Legal custody means to the person responsible for making decisions involving the children, and means religious upbringing, education, and medical care. It does not include day-to-day decisions like what the child eats, wears, or what time they go to bed. These decisions are typically made by the person the child lives with, or is being cared for, at that time.

Parents may have different forms of custody of  children, but more these days the courts like to describe forms of custody in terms of who lives with whom, how much time is spent communicating with or physically with either parent.

This takes into account that families aren’t simple, and care of children is a dynamic and flexible arrangement. From time to time, the words ‘sole’ or ‘full’ may be used to describe custody.

     When one parent has custody
This parent makes all the major decisions for the child, but the other parent may have input. Both parents have full access to their children’s records – medical and educational, etc. and can speak directly to teachers, doctors, or any other professionals.

     When both parents have joint custody
Both parents are equally responsible for major decisions affecting the child. When parents can’t agree, another dispute resolution method may be made (such as mediation). If the dispute cannot be resolved via mediation, the courts may need to be involved to decide for everyone.

It is our experience that court complicates things, and being able to come to a decision outside of court is almost always preferable in terms of stress, time, and money.

     Physical custody
This refers to where the children are living at any given time.

     Split custody
Split custody arrangements are when parents have two or more children, and these children are with one parent or the other for 60 per cent of the time. This can seem complicated, but it allows for circumstances whereby perhaps two younger children live with the mother, and the older teenager lives with their father, or at least most of the time.

     Shared custody
Shared custody means that a parent has the child or children living with them for at least 40 per cent of the time over a year. This might mean an arrangement whereby parents do a week-on week-off schedule, but the mother travels for work, meaning that over the course of a year, the children spend 10 per cent more of their time with the other parent.

     Shared custody vs. joint custody
Shared custody and joint custody are not the same thing, but they can occur together. Shared custody is the living arrangements of the children, and joint custody means the decisions parents make about their children.