Custody of Children : Always & Only Belongs to Mother?
One of the very common perceptions is that custody of children always and only belongs to the mother and not the father. As such many father would think that the law is always biased and is written in the perspective of a woman. This is NOT true.
WISHES OF THE PARENTS & CHILDREN
In accordance to section 88 of Law Reform (Marriage and Divorce) Act 1976 - when deciding the custody of the children, ‘the court 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
So, if you and your spouse both wish to have the custody of the children, the court shall opt to the wishes of the children unless the children are at very tender age.
NOTE: DO NOT ‘brain-washed’ your children in building a false image of your spouse. The Judge will be able to find out usually through an interview. This will create a very negative impact on your image and personality.
PRESUMPTION: Good for a child BELOW the age of 7 years to be with his/her mother
Yes, the law presumes that it is better for a child below the age of 7 years to be with his/her mother. Do take note, this is only a presumption of the child custody, which is REBUTTABLE. The father of the child would have to prove that his spouse is an unfit mother.
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