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).
