Custody of children in a DIVORCE proceedings?




The court’s focus in making custody decisions is the welfare of the child. Subject to that paramount consideration, the court will consider the wishes of the parents and the wishes of the child. The court does, however, make a presumption (which can be rebutted, with evidence, in court), that it is for the good of children under the age of 7 to be with the mother (see section 88(3)).

In making an order of custody, the court will, under section 89(2), consider conditions with respect to:
the child’s manner of education,
upbringing or the religion in which they will be brought up;
where the child will reside, and;
temporary care under someone who has not been awarded custody.

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