Custody - Access 20 Years out of date

"He is going to fight me for custody of the children".

"I am separated and need to sort out access to the kids".

The terms of custody and access continue to be used on a frequent basis amongst couples following the breakdown of their relationship when trying to resolve difficulties in relation to the children.  However, the terminology of "custody" and "access" is over 20 years out of date.

On 14 October 1991, the Children Act 1989 came into force.  This Act replaced the word "custody" with "residence" and similarly replaced the term "access" with "contact".  The correct terminology is therefore "residence" and "contact"; not "custody" and "access".

Vanessa Priddis, winner of the Family Law Award 2011 states:-

"When parents separate, they are often overwhelmed with information, a variety of emotions and a fear about the welfare of their children.  In such a situation, you may use terminology that you have overhead others use and heard through the media.  We are mindful that it can be a very difficult time to understand the full meaning of any legal jargon.  The terminology of custody and access is now 20 years out of date.   It has been replaced with the concepts of "residence" and "contact".

For further information, please contact the Michelmores Family Law Service.  We offer a free initial interview……