Showing 16 cases in Case Law
Clear filterA child's opinion should be heard
A child's opinion should be heard where possible before making substantive orders.
Custody and MaintenanceRestriction of Minor from jurisdiction
Removing a child from the jurisdiction of court pending a suit can render the case nurgatory.
Custody and MaintenanceParental Responsibility Agreement
Parental responsibility Agreement can be vitiated just like any other contract
Custody and MaintenanceActual Custody can be shared
Actual custody just like legal custody can be shared between parents.
Custody and MaintenanceMaintenance should be based on evidence
Thorough inquiry should be made to ascertain the actual needs of the Children
Custody and MaintenanceStep-mother Vs. mother
There should be evidence that a child will get along with a step-parent
Custody and MaintenanceTender years exception
A mother must reside with child of tender years and if not the tender years rule will not apply
Custody and MaintenanceTender years exception
Behavior of the mother after separation is paramount
Custody and MaintenanceMinimal disruption in children lives
The court favors the least inconvenience to a child when making an order
Custody and MaintenanceParents are the most ideal
Parents to a child are the most ideal to provide the rights over their children
Custody and MaintenanceGranting of stay in children matters
Granting of stay orders should consider the best interest of the Minor.
Custody and MaintenanceOpinion of a child should be objective
The best interests of a child must not be dictated by the opinion of a child
Custody and MaintenanceKadhis Court jurisdiction
Kadhis court do not have jurisdiction over children matters
Custody and MaintenanceInterim orders
Interim orders in a trial court should not be interfered with without appeal full hearing
Custody and MaintenanceJurisdiction DNA test
The Children's court has jurisdiction to order for DNA test
Custody and MaintenanceRes Judicata in Children matters
Res Judicata cannot stop a court from revisiting a children's matter