Relationship between a child and parent
Despite the custody orders, it is important children maintain a relationship with the parents
Sharing of custodySharing of custody
Both actual and legal custody can be joint and shared
Parental responsibilityParental responsibility
Parental responsibility is limited to the child's parents unless under special circumstances
CustodyCustody
Definition of actual custody and legal custody
Parental careParental care
Mental illness doesn't make a parent unfit for custody unless it negatively impacts on child's care
A child's opinion should be he...A child's opinion should be heard
A child's opinion should be heard where possible before making substantive orders.
Restriction of Minor from juri...Restriction of Minor from jurisdiction
Removing a child from the jurisdiction of court pending a suit can render the case nurgatory.
Exception to Tender years ruleException to Tender years rule
A mother who is not staying with the children is an exception to the tender years principle.
Exceptions to the Tender Years RuleExceptions to the Tender Years Rule
Exceptions to the tender year rule must be proved
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.
Stay of executionStay of execution
Stay of execution of custody in favor of resident parent is not available for absent parent.
Custody of female adolescentsCustody of female adolescents
if no execpetions, custody of female adolescent children should be with mother naturally.