How is the issue of Custody determined?
- The Court can order that the custody be awarded jointly to both parents or solely to a single parent.
- The Court will award custody 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.
- Joint custody (i.e. custody shared by both parents): this is often ordered because the Court generally believes that it is in the best interests of the child to have both parents in the child’s life.
- The Court generally prefers not to intervene unnecessarily in the parent-child relationship.
- However, joint custody is often awarded because it ensures that both parents are able to continue to play a part in the child’s life.
- Joint custody also helps to encourage both parents to be cooperative and consult each other in raising the child and not to exclude one another.
- Sole custody (i.e. custody granted to one parent): this only ordered in exceptional circumstances such as the following:
- If a parent is clearly incapable of being responsible for the upbringing and welfare of the child.
- If a parent has a track record of acting against the best interests and welfare of the child (e.g. physically abusing or neglecting the child).
