Showing 16 cases in Custody and Maintenance
Clear filterStay of Execution
Where there is no change of circumstances stay of execution will not be granted.
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 MaintenanceCustody to biological parents preferred
Keeping a child away from their biological parents is cruel and against best interests.
Custody and MaintenanceParamountcy principle
Provides that a child's interest(s) should be a priority over any interests of the parents
Custody and MaintenanceRelationship between a child and parent
Despite the custody orders, it is important children maintain a relationship with the parents
Custody and MaintenanceSharing of custody
Both actual and legal custody can be joint and shared
Custody and MaintenanceParental responsibility
Parental responsibility is limited to the child's parents unless under special circumstances
Custody and MaintenanceA child's opinion should be heard
A child's opinion should be heard where possible before making substantive orders.
Custody and MaintenanceParents' responsibility in Children Act
Children are to be cared for by parents whether they are born in or out of wedlock
Custody and MaintenanceRestriction of Minor from jurisdiction
Removing a child from the jurisdiction of court pending a suit can render the case nurgatory.