How is Custody determined?
- The welfare of the child is the paramount (i.e. most important) consideration
- The child’s wishes and preferences may also be taken into consideration by the Court
- Joint custody (i.e. custody shared by both parents) 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
- Although the Court generally prefers not to intervene unnecessarily in the parent-child relationship, joint custody ensures that both parents are able to continue to play a part in the child’s life
- Joint custody also helps to remind both parents that they must 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) is rare and only ordered in exceptional circumstances such as the following:
- Where one parent is clearly incapable of being responsible for the upbringing and welfare of the child
- Where one parent has a track record of acting against the best interests and welfare of the child (e.g. physically abusing or neglecting the child)
