The welfare of the child is the paramount consideration
The child’s wishes and preferences may also be taken into consideration by the Court
It is common for one parent to be awarded with care and control and the other parent to be awarded with access
Although shared care and control has occasionally been supported by the Court, this type of arrangement is rare / unusual because it tends to disrupt the child’s daytoday routine
General observations on how the Court determines 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
The Court will consider other relevant factors which may justify one parent being preferred over the other parent:
Bad habits e.g. gambling
Illness e.g. depression
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 wellbeing (e.g. education, health)
