Custody to biological parents preferred
Keeping a child away from their biological parents is cruel and against best interests.
Custody and MaintenanceStay of Execution
Where there is no change of circumstances stay of execution will not be granted.
Custody and MaintenanceConsistent Routine
Children need a consistent routine including during weekdays. Access orders must be stable.
Custody and MaintenanceSubstantial Loss
Denying a mother custody of a girl of tender years is evidence of substantial loss.
Custody and MaintenanceChange of schools
Changing a child from one school to another is not in their best interests.
Custody and MaintenanceConditions for Review of orders
A review of court orders in children cases must abide with O.45 of the Civil Procedure Rules, 2010.
Custody and MaintenanceOpinion of the child
When determining a child's acertainable wish their age and maturity should be considered.
Custody and MaintenanceAscertainable wishes of child
A court cannot merely rely on the ascertainable wishes of a child in determining actual custody.
Custody and MaintenanceRemoval of child from jurisdiction
There is no rule against removing a child from court's jurisdiction in a custody dispute.
Custody and MaintenanceExceptions to the Tender Years Rule
Inability to provide for the children in not an exception to the tender years rule.
Custody and MaintenanceExceptions to the Tender Years Rule
Exceptions to the tender year rule must be proved
Custody and MaintenanceParents preferred custodians
A child must benefit from parental care and not from third parties
Custody and MaintenanceException to Tender years rule
A mother who is not staying with the children is an exception to the tender years principle.
Custody and MaintenanceParental Responsibility
A parent who insist on taking a child to private school should bear the fees.
Custody and MaintenanceParental Responsibility
A parent who insist on taking a child to private school should bear the fees.
Custody and MaintenanceActual custody meaning
Actual custody of a child is not equal to ownership of the child