In the absence of court orders to the contrary, each of the parents of a child under the age of 18 years is a guardian of the child, and the parents have joint responsibility for the child [Family Law Act 1975 (Cth) ss 61B, 61C] This principle applies equally whether a child is born within marriage ('nuptial child') or whether the parents are not married ('ex-nuptial child). Subject to any court order, each of the parents of a child under 18 has parental responsibility for the child, whether or not the parents separate, marry or re-marry, see family relationships.