Paramountcy 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 MaintenanceCustody
Definition of actual custody and legal custody
Custody and MaintenanceParental care
Mental illness doesn't make a parent unfit for custody unless it negatively impacts on child's care
Custody and MaintenanceA 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