It has been said that the parties’ children are the biggest victims in a divorce. Indeed it is traumatic for a young child to be caught in between two feuding parents. The stability of the home is a worrying concern for the child. This issue must therefore be properly managed, in the interest of the child.
Custody can be joint or sole. Care and control of the children, ie the right to stay with and look after the children, will vest on one parent.There are various factors the Judge hearing the dispute on child custody issues invariably look for in determining who is the “better” parent. The evidence is presented in the form of affidavits (sworned documents) enclosing exhibits, and cross examination of the witnesses on its contents is usually not required. On occasions, a welfare report may be called, and the Judge can also interview the children directly. As the primary consideration is the paramount interest of the child and not the interest of the parent, even a person who is not the natural parent may be granted custody, care and control of the child, if it is in the child’s best interest for such order. In some instance, a child representative is appointed. To seek legal help for your intended divorce, call us at 6534 1328 or submit the form below for an appointment.