Custody to biological parents
Custody to biological parents is favored than custody to inlaws.
SEPARATION OF CHILDSEPARATION OF CHILD
Not in best interests separating a child from a parent who has had custody for long period of time.
PRAPRA
Parental Responsibility Agreements can be vitiated just like any other contract.
GITHUNGURI V GITHUNGURIGITHUNGURI V GITHUNGURI
Court of Appeal decision that reaffirmed the Tender years principle.
Financial InstabilityFinancial Instability
A parent's financial instability does not automatically disqualify them for actual custody.
Access OrdersAccess Orders
Where a court makes custody orders in favor of a party it must make access orders also.
PHYSICAL ABUSE BY A PARENTPHYSICAL ABUSE BY A PARENT
As a safeguard, courts must ensure an abusive parent is not granted custody of a child.
The wishes of a mature childThe wishes of a mature child
The wishes of a mature child "above the tender years" maybe taken into consideration fully.
Exception to Tender years ruleException to Tender years rule
A mother's busy schedule is not an exceptional circumstance to the tender years rule.
Custody by resident parentCustody by resident parent
Actual custody to a resident parent is critical to ensure the child's best interests are met.
Expediting children mattersExpediting children matters
Children matters that take too long to conclude prejudice a child's best interests.
Parental responsibilityParental Responsibility
A parent who insist on taking a child to private school should bear the fees.
Actual custody meaningActual custody meaning
Actual custody of a child is not equal to ownership of the child
Parents preferred custodiansParents preferred custodians
A child must benefit from parental care and not from third parties
Stay of executionStay of execution
The tender years principle is not a sufficient ground to stay execution of orders pending appeal.
Tender years exceptionTender years exception
Clear evidence must be produced to proof exception to tender years principle.