Separating from a former spouse is a difficult situation and is emotionally draining. Unfortunately, the effects of separation also affect your children. Questions begin to rise, such as ‘who is to have custody of our children’ ‘or how will child custody work’.
The phrase ‘child custody’ is often used by parents in discussions as to where the children should live and how often the children should spend time with the non-resident parent.
However, under the Family Law Act, the words ‘child custody’ are not used; rather, the legislation uses the terms parental responsibility’ and the Courts make Orders which includes the phrases ‘spend time with’ and ‘live with’ [...]