How will the Family Justice Courts decide on the issue of Women’s Charter Child Custody?
It is important that you understand the definition of the different terms.
Women’s Charter Child Custody, or just custody, refers to the right to make major decisions on behalf of your child. These decisions include medical, religious and educational decisions. Typically, parents make such decisions together and it is the norm for the Family Justice Courts to award joint custody to both parents.
On the other hand, if you have care and control of your child, you get to live with your child on a day-to-day basis. If you don’t, you will have access rights to your child.
How do the Family Justice Courts come to a decision on children’s issues?
Judges at the Family Justice Courts decide based on the welfare of the child. It is not about what the parents want or which parent is more financially capable.
In a recent case in China, a mother abandoned her 3 children on the streets as a “way to make their father face up to his responsibilities”. The children were aged 7, 5 and 2.
See: “Chinese mum abandons three kids in street to make their dad ‘face his responsibilities’”, Today, 7 August 2017
Many of my clients wish to leave their spouse immediately. At the same time, they know that their spouse will not take it lightly if they bring their children along with them.
Will leaving the children in the care of their spouse be detrimental in their bid for Women’s Charter Child Custody?
This depends. In a case where the children are left behind for a substantially long period of time (for instance, months or years), the children would have grown familiar with the parent who is looking after them. Care arrangements would be in place and it would be disruptive to uproot the children from one home to another. In this case, it may be detrimental to your bid for care and control.
For more information on Women’s Charter Child Custody and related matters, contact us today!
You may also be interested to read more about:
2. Annulment (Nullity) of Marriage
5. Maintenance Issues (Alimony)
