The Court can order that the custody be awarded jointly to both parents or solely to a single parent.
The Court will award custody based on the principle that the welfare of the child is the paramount (i.e. most important) consideration.
The Court may also take into consideration the child’s wishes.
Joint custody (i.e. custody shared by both parents): this is often ordered because the Court generally believes that it is in the best interests of the child to have both parents in the child’s life.
The Court generally prefers not to intervene unnecessarily in the parent-child relationship.
However, joint custody is often awarded because it ensures that both parents are able to continue to play a part in the child’s life.
Joint custody also helps to encourage both parents to be cooperative and consult each other in raising the child and not to exclude one another.
Sole custody (i.e. custody granted to one parent): this only ordered in exceptional circumstances such as the following:
If a parent is clearly incapable of being responsible for the upbringing and welfare of the child.
If a parent has a track record of acting against the best interests and welfare of the child (e.g. physically abusing or neglecting the child).
