The Main Principles Governing Child Custody Law

by Alex Peder

When parents quarrel, the biggest brunt is borne by the children. The quarrelling parents hardly recognize the fact that their children are getting affected due to their fights. In most cases, parents put less emphasis on the emotional needs of the children and consider the physical and material needs as the only important provisions However, whenever the matter comes to court, it has to act in the best interests of the kids.

The following are general principles that govern child custody law 1. The law has to consider that children are innocent and vulnerable, so it is the duty of the law institutions to see to it that justice is meted out to them. They have to ensure that children are not exploited or at a loss due to problems between their parents

2. That the court has a responsibility in ensuring the interests of the child are safeguarded. Generally, children are hardly in a position to enforce or completely safeguard their own interests, therefore, the State, through courts and relevant government authorities would step in to ensure that interests of the child are safeguarded in vulnerable situations.

3. That the court would consider divorce as a last resort if the continued marriage only aggravates violation of the child's welfare. Marriage is generally a contractual agreement between two consenting parties to be a husband and wife. However, it is a unique kind of contract and therefore, the vigor with which ordinary contracts are held is not applied in the same manner to marriage contracts. The court acts in a manner that promotes arbitration with clear awareness of the impact of the consequences of dissolution of marriage on innocent children.

4. That family property must be safeguarded in the interest of the child during divorce.

5. Any one parent will be given custody of the child, however, both parents shall have right to access the child. No parent can be denied this right.

6. In case of orphanage, the law has to see to it that the family property is kept secure and safe for the children until they reach an age where it can be handed down to them.



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