Whether it be sole or joint custody, a father should plan and prepare carefully when applying to obtain custody of his child.
Fathers should know that there are many factors the Family Court takes into consideration when determining what is in the best interests of a child in awarding sole, joint, split and hybrid child custody orders.
“Rest assured that times have changed! and it`s not all one-way traffic”
The Family Court’s primary focus when awarding custody is – the children’s best interest. That means that the court’s primary focus is not on you or the mother.
“The children`s best interests should be your primary area of focus”
The Welfare Principle
Factors to consider in determining the welfare of the child. These factors are not exhaustive and include:
- continuity of care given to the child;
- the child’s sense of security;
- the child’s own wishes about who he should live with;
- the parent’s wishes;
- the age of the child;
- the race and religion of the child;
- the race and religion of the parents;
- material circumstances of the parents; and
- that siblings should not be separated.
Dismiss the thought that the family court may be biased against a father
As mothers have increasingly become income earners, we are also seeing an increase in fathers taking on a bigger role in child-rearing duties.
Today’s custody judgements are a reflection of these changing circumstances. Today, judges have guidelines to assist them in determining what is in the best interest of the children. The gender of the parent is not the overriding factor in their decision.
Paramount consideration to be the welfare of a child
Section 125 of the Women`s Charter;
- The court may at any time by order place a child in the custody, or in the care and control, of the child’s father or mother or (where there are exceptional circumstances making it undesirable that the child be entrusted to either parent) of any other relative of the child or of any organisation or association the objects of which include child welfare, or of any other suitable person.
- In deciding in whose custody, or in whose care and control, a child should be placed, the paramount consideration shall be the welfare of the child and subject to this, the court shall have regard —
(a) to the wishes of the parents of the child; and
(b) to the wishes of the child, where he or she is of an age to express an independent opinion.
Custody Orders
Four different types of custody orders may be made.
- Sole custody order – The custodial parent may make major decisions for the child without the agreement of the other parent.
- Joint Custody order – Both parents must make major decisions for the child jointly- i.e. they must agree on the decisions which are made. In the absence of agreement, regretfully, either parent will have to apply to the court for a determination of the disputed issues.
- “Hybrid” order – This is a sole custody order but includes an order that the custodial parent must consult (or even obtain the consent of ) the non-custodial parent when making decisions on specified matters, for example, choice of school, choice of course in school and so on.
- Split custody order – This is when the custody of one or more siblings is granted to one parent and the custody of the other siblings is granted to the other parent. As a general rule, siblings should be cared for by the same parent. If a split custody order is sought, then the parents must file affidavits in support of such a split custody order and explain how this would be in the best interests of the children.
If you are a father making an application for full custody, the court will want to know why you believe you are better suited to have primarily cared for the child. Our experienced divorce lawyers can evaluate the facts, offer clear guidance and strong advocacy to maximize time with your children.
