Australian Family Law Act 1975 Part VII -- Children Division 5 -- Custody and Guardianship of Children [s 63F] Rights of Custody and guardianship of children. (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 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 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 to, a child ceases to be in force if the child is adopted by a person who is not a parent of the child. (5) On the death of a parent in whose favour an order has been made under this Part for the custody of a child: (a) the other parent is entitled to the custody of the child only if the court so orders; (b) the other parent or another person may make an application to the court for an order placing the child in the custody of the applicant; and (c) in an application under paragraph (b) by a person who does not, at the time of the application, have the care and control of the child, any person who at that time, has the care and control of the child is entitled to be a party to the proceedings.