Showing 16 cases in Custody and Maintenance
Clear filterProof of exceptional circumstances
The burden of proof of exceptional circumstances to the tender years principle lies with father.
Custody and MaintenanceExpediting children matters
Children matters that take too long to conclude prejudice a child's best interests.
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 MaintenanceCustody to biological parents preferred
Keeping a child away from their biological parents is cruel and against best interests.
Custody and MaintenanceCustody of female adolescents
if no execpetions, custody of female adolescent children should be with mother naturally.
Custody and MaintenanceStay of execution
Stay of execution of custody in favor of resident parent is not available for absent parent.
Custody and MaintenanceTender years exception
Clear evidence must be produced to proof exception to tender years principle.
Custody and MaintenanceStay of execution
The tender years principle is not a sufficient ground to stay execution of orders pending appeal.
Custody and MaintenanceParents preferred custodians
A child must benefit from parental care and not from third parties
Custody and MaintenanceActual custody meaning
Actual custody of a child is not equal to ownership of the child
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.