Custody, Care and Control - What does it mean?

Anthony Dickey in Family Law (LBC Information Services, 3rd Ed, 1997) at pp 326–327 says that “……. care and control concerns the right to take care of a child and to make day-to-day, short-term decisions concerning the child’s upbringing and welfare. Custody without care and control (that is, custody in its narrow sense) concerns the right to make the more important, longer-term decisions concerning the upbringing and welfare of a child.”

It is important to understand this. Many parents approach us asking for custody for their children sometimes without realising what it entails. Sometimes, one might seek for a sole custody order when they dislike their soon to be ex-spouses. However the court will normally and generally award a joint custody order. The idea is to encourage co-parenting. It is to allow both parents to come together to make major decisions about the children’s life.

Care & Control on the other hand apart from the explanation provided above also refers to who the child will be with on a daily basis. Access orders will govern when the parent( without care & control )can visit the child. There is no formula on this. The overarching principle is that the welfare of the child is of paramount importance.