How is the issue of Care and Control determined?
- The Court will award care and control based on the principle that the welfare of the child is the paramount (i.e. most important) consideration.
- The Court may also take into consideration the child’s wishes.
- Generally, one parent will be awarded with care and control of the child and the other parent (without care and control) will be awarded with access to the child.
- Although shared care and control has occasionally been supported by the Court, this type of arrangement is uncommon because it would tend to disrupt the child’s day-to-day routine (and this would not be in the best interests of the child’s welfare).
- Here are some general observations and examples of what the Court considers in deciding which parent should be awarded with care and control:
- If the child is young (and provided all other factors are equal), the Court will prefer to award care and control to the mother.
- The maternal bond between the mother and an infant / young child is a key consideration.
- The Court prefers to preserve the status quo (i.e. maintain the current / existing continuity of living arrangements).
- Siblings should not be separated.
- Other relevant characteristics of the parents which may justify one parent being preferred over the other parent such as:
- Bad habits e.g. gambling, smoking, alcohol.
- Illness e.g. depression, psychiatric condition.
- Time already spent bonding with child.
- Availability / working hours of the parent.
- Focus or preoccupation with a parent’s career.
- Whether a parent has shown interest in the child’s welfare and well-being (e.g. education, health).
