In the event of divorce or separation of parents, there are many obstacles to the custody of their children, the decision to choose who will be the guardian parent, etc. In Australia, if parents are unable to reach an agreement that meets both of their child`s custody needs, cases are taken to the Australian Family Court, which is done in more scenarios than expected. If the parents are unable to agree on these agreements and cannot take the cases to court, the court makes decisions on parental responsibility and is empowered to approve and issue consent orders.  During this period, custody issues arose on occasions other than divorce, such as the death of the father or both parents, the inability of parents to care for children, or situations involving illegitimate children. Children were then considered as economic goods with a labour value. In addition, the only other important consideration in determining child custody was the ability of adults to supervise and raise the child. Widows would lose their children because they could not support them. These children would be taken from the mother and given to another family who would help the child in exchange for the child`s labour services. For the rest, fathers were considered household managers and had full custody of the children.  Shared custody or joint parenting means that the child lives with both parents for the same period of time or about the same time. Both parents are custodial parents and neither parent is a non-guardian parent.  With respect to shared custody, concepts such as “primary parent” and “principal residence” have no other legal meaning than the determination of tax status.  The term “visitation” is not used in cases of joint physical custody, but only for custody orders.
In the case of shared custody, the actual accommodation and care of the child is divided according to a court-ordered custody plan, also known as an education plan or educational plan.  Child poverty, lack of resources and economic dependence on men remain pressing issues that are not effectively addressed in custody proceedings.  The vision of children, servants of their fathers and their economic goods, began to change in the nineteenth century. The children had their own interests, often related to the care of a helping mother. The feminist movement of the time also fought for the custody of women in its campaign.  Judges eventually began to prioritize the “well-being of the child,” associated with mothers, especially for youth and women. The maternal presumption has been developed in court by the legislator, such as the “Tender Years Doctrine”, which believes that children should be placed in custody debates with their mothers.  The granting of custody of the father was seen “to keep nature in contempt and to take the helpless and pumule children out of the knees of a loving mother and put it in the rude hands of the father,” while the mother was “the sweetest and safest nurse of childhood.”  This maternal presumption lasted more than a hundred years. .