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The End of Custody and Access

There will be no more “custody” and “access” when the Care of Children Bill is passed. The Bill replaces these terms with “parenting orders” which allow for “contact” and “day to day care”.

The change in terminology reflects the way that the Courts generally approach disputes over care arrangements for children. Adults are currently regarded as having “responsibilities” and “duties” towards children rather than “rights” over them. The old terms of “custody” and “access” are thought to place too strong an emphasis on what is “owed” to adults in terms of the roles they play in the lives of children.

The Bill is currently before the Justice and Electoral Select Committee who have received submissions and will report back to the House on 31 December 2003.