In arriving at a decision on the Custody Orders, the Court will consider a wide range of issues and factors, including the following:
- Who was the main and primary caregiver of the Child during their formative years?
- What are the current living arrangements?
- What are the wishes and preferences of the Children?
- What are the wishes and preferences of the Parents?
- How old are the Children?
- How is each parent able to financially support the Children?
- Does each parent have access to additional support to look after the Children (e.g. from their extended family or grandparents of the Children)?
It’s important to know that the Court does not regard the preferences of the parents as being more important than the welfare of the Children and the parent with a higher level of education or income will not automatically gain an advantage in terms of convincing the Court to give him Custody of the Children. The Court will always consider what arrangement is in the best interests of the Children and their welfare.