Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p16
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 38846–41298

and

     (b) the right and responsibility to make decisions concerning the daily care and control of the child.
"(2) A person who has or is granted custody of a child under this Act has:
     (a) the right to have the daily care and control of the child; and
     (b) the right and responsibility to make decisions concerning the daily care and control of the child.
"(3) The operation of subsection (1) or (2) in relation to a child may be varied by an order made in relation to the child by a court exercising jurisdiction under this Part.
"(4) An order made under this Act or the repealed Act:
     (a) that was in force immediately before the commencement of section 26 of the Family Law Amendment Act 1983; and
     (b) that granted to a person the care and control of a child;
has effect for the purposes of this Act as if it were an order granting to the person the custody of the child.
"(5) An order made under this Act or the repealed Act:
     (a) that was in force immediately before the commencement of section 26 of the Family Law Amendment Act 1983; and
     (b) that granted to a person the custody of a child;
has effect for the purposes of this Act:
     (c) in a case where, by that order or another order in force immediately before the commencement of that section, the care and control of the child had been granted to another person—as if the first-mentioned order were an order granting to the first-mentioned person the guardianship of the child; or
     (d) in any other case—as if the first-mentioned order were an order granting to the first-mentioned person the guardianship and the custody of the child.

Rights of custody and guardianship of children
"63f. (1) Subject to any order of a court for the time being in force (whether or not made under this Act and whether made before or after the commencement of this section), each of the parents of a child who has not attained 18 years of age is a guardian of the child, and the parents have the joint custody of the child.
"(2) An order shall not be made under this Part in relation to the custody or guardianship of, or access to, a child who has attained 18 years of age or is or has been married.
"(3) An order made under this Part in relation to the custody or guardianship of, or access to, a child ceases to be in force when the child attains 18 years of age or marries.

"(4) An order made under this Part in relation to the custody or guardianship of, or access