Ascertainable wishes of child
A court cannot merely rely on the ascertainable wishes of a child in determining actual custody.
Removal of child from jurisdic...Removal of child from jurisdiction
There is no rule against removing a child from court's jurisdiction in a custody dispute.
Jurisdiction DNA testJurisdiction DNA test
The Children's court has jurisdiction to order for DNA test
Actual custody to third partie...Actual custody to third parties
It deprives a child of the parental care necessary for growth if he or she has both parents alive
Actual custodyActual custody
A mother can be granted actual custody despite not being able to maintain the child
Parental responsibilityParental responsibility
Both parents have the responsibility to maintain the children despite their earning capacity
Best interests of the childBest interests of the child
The best interests of any child are paramount as compared to any rights of a parent
Best interests of the childBest interests of the child
Complete welfare of a child is to be given priority as compared to monetary needs.
Abrupt changing of school haza...Abrupt changing of school hazardous
Removing a child from one school to another as a result of custody orders is detrimental
Separation of siblingsSeparation of siblings
Making custody orders that separate siblings is not in their best interests
Access orders should be clearAccess orders should be clear
Orders on access of the child must be clear
Access on alternate weekdays u...Access on alternate weekdays unsuitable
To grant access (custody) on alternate weekdays is unsuitable for children
Best Interests of ChildBest Interests of Child
A child's best interests overrides the interests of the parents.
status quo during suitstatus quo during suit
During pendency of the suit status quo should be maintained to avoid disruption of Minor
Res Judicata in Children matte...Res Judicata in Children matters
Res Judicata cannot stop a court from revisiting a children's matter
Custody of children of tender...Custody of children of tender years
The custody of children of tender years should not be based solely on material provisions