Child Custody

When is there a dispute?
“Both parents hold parental rights and responsibilities under the Children’s Act. A dispute often arises when parents don’t live together, leading to disagreements over how custody and contact should operate. This can include issues like visitation and guardianship.”

What are the options to resolve a dispute?
“Parents are usually in the best position to determine what’s in the best interest of their child. However, when they cannot agree, the child’s best interests must always be the primary focus. The Children’s Act also takes the minor child’s views into account, depending on their age and maturity. If a dispute cannot be resolved, one option is to refer the matter to the Family Advocate for an investigation. The Family Advocate will make recommendations based on the investigation, which, while not binding, carry significant weight. Another option is to hire private professionals, such as child psychologists and social workers, who provide similar services. Parents can also approach the Court, whether it be the Children’s Court or the High Court.”

What does the investigation entail?
“The investigation involves interviews with both parents and, depending on the child’s age, the child as well. Relevant factors, such as living arrangements and the involvement of third parties like family members, will be considered if necessary.”

Should I go to Court first?
“Whether you should approach the Court first depends on the circumstances, particularly if there’s urgency. Courts can make interim arrangements while a report is being prepared.”

Guardianship
“Both parents are legal guardians of their minor child by default, meaning their consent is required for major decisions like school enrollment, medical procedures, and passport applications. In cases where one parent lives abroad, or if a parent is absent, unreachable, or has abandoned the child, it may be necessary to limit that parent’s guardianship. This allows the primary caregiver to make decisions without the other parent’s consent. To formally change guardianship arrangements, an application to the Court is required.”