How are Care and Control determined?

How are Care and Control determined?

• The welfare of the child is the paramount consideration
  • The child’s wishes and preferences may also be taken into consideration by the Court
• It is common for one parent to be awarded with care and control and the other parent to be awarded with access
• Although shared care and control has occasionally been supported by the Court, this type of arrangement is rare / unusual because it tends to disrupt the child’s day­to­day routine
• General observations on how the Court determines which parent should be awarded with care and control:
  • If the child is young (and provided all other factors are equal), the Court will prefer to award care and control to the mother
  • The maternal bond between the mother and an infant / young child is a key consideration
  • The Court prefers to preserve the status quo (i.e. maintain the current / existing continuity of living arrangements)
  • Siblings should not be separated
  • The Court will consider other relevant factors which may justify one parent being preferred over the other parent:
    • Bad habits e.g. gambling
    • Illness e.g. depression
    • Time already spent bonding with child
    • Availability / working hours of the parent
    • Focus or preoccupation with a parent’s career
    • Whether a parent has shown interest in the child’s welfare and well­being (e.g. education, health)