The Guardianship of Minors Amendment Act 2022 changed how guardianship and custody work. These changes make it easier for parents and lawyers to understand what they mean. The law used to rely on definitions from court cases, but now the definitions are right in the Act. This helps lawyers explain the terms to their clients and helps clients know what they're asking the court for.
The law recognizes two kinds of custody. Legal custody occurs when parents are married or a court gives one of their custody in a separation or divorce. Actual custody occurs when unmarried parents split up, and one of them lives with and takes care of the child. In the past, the law said children born to unmarried parents were in the mother's custody.
Guardianship means the legal right of either parent to handle a child's affairs, such as their health, education, money, and overall well-being. Custody is about physically taking care of the child every day, but guardianship covers the bigger picture of making decisions for them.
When parents separate, the parent with custody has full guardianship rights. The father doesn't have to talk to the mother about guardianship decisions anymore. If the parent without custody wants a say, they have to go to court and get an order. The new law also lets parents share guardianship if it's best for the child.
The amended Section 5 says either parent can get custody when they separate. The mother doesn't automatically get sole custody anymore. If the parent without custody takes the child from the one with custody, the custodial parent can ask the children's court to give them sole custody. The court will decide whether to do that or not.
The law recognizes two kinds of custody. Legal custody occurs when parents are married or a court gives one of their custody in a separation or divorce. Actual custody occurs when unmarried parents split up, and one of them lives with and takes care of the child. In the past, the law said children born to unmarried parents were in the mother's custody.
Guardianship means the legal right of either parent to handle a child's affairs, such as their health, education, money, and overall well-being. Custody is about physically taking care of the child every day, but guardianship covers the bigger picture of making decisions for them.
When parents separate, the parent with custody has full guardianship rights. The father doesn't have to talk to the mother about guardianship decisions anymore. If the parent without custody wants a say, they have to go to court and get an order. The new law also lets parents share guardianship if it's best for the child.
The amended Section 5 says either parent can get custody when they separate. The mother doesn't automatically get sole custody anymore. If the parent without custody takes the child from the one with custody, the custodial parent can ask the children's court to give them sole custody. The court will decide whether to do that or not.
