Children

The court will grant custody of the minors to whichever parent can best take care of them. The “best interests of the child” is the most important consideration for the court when making a decision with regard to minors. The financial position and gender of the parent is not a decisive factor when the court considers custody issues. Custody need not be a situation where one parent wins and one loses. A number of variations to the standard custody arrangements are available, including the following:

• Joint Custody
• Parenting Plan
• The non-custodial parent could take the child to school or alternatively collect the child from school daily and spend one afternoon per week with the child, ensuring regular contact with the child.

The agreement reached between the parents can be tailor-made to suit the specific requirements of each family. It is, however, a requirement that the agreement benefit the minor first and foremost.

Both parents have equal rights and duties with regards to their children, especially while still married. Neither spouse may deny the other access to the children until the divorce is finalized or unless the court orders this. Neither spouse may leave the country with the children unless the other has given express permission.

The Family Advocate assists the court in evaluating agreements reached by parents. Should a dispute arise the Family Advocate will also assess the situation and will make a recommendation to the court. The final decision, however, lies with the court.

Both parents have a duty to maintain their children. The court will usually order that the non-custodial parent pay maintenance to the custodial parent for the maintenance of the children. This will include amounts for food and clothing, a home, medical care, education and extra-mural activities. The custodial parent will, however, also have to contribute towards the maintenance of the children.

Applications can be made to the court to have maintenance increased or decreased, depending on the situation of the parties. The court can also be approached for criminal charges for not paying maintenance and emolument orders on the other party’s salary.

Documents Required:

• Copy of Divorce Order and Settlement Agreement;
• Copies of any other Orders made by the Court.