Section 83 of the Children’s Act sets out the following principles guiding the court in making a custody order. The court must consider the following:
- The conduct and wishes of the parent or guardian of the child
- The ascertainable wishes of the relatives of the child
- The ascertainable wishes of any foster parent, or any person who has had actual custody of the child and under whom the child has made his/her home in the last 3 years before the application to the court.
- The ascertainable wishes of the child.
- Whether the child has suffered any harm, or is likely to suffer any harm if the order is not made,
- The customs of the community to which the child belongs.
- The religious persuasions of the child
- Whether a care order, or a supervision order, or a personal protection order, or an exclusion order has been made in relation to the child concerned and whether or not those orders remain in force.
- The circumstances of any sibling of the child concerned; and of any other children of the home, if any.
- The best interest of the child.
Once the court considers all the above, it will then proceed to make a custody order. Many times a court is guided by official inquiry reports made by Child Services, who then decide whether or not to recommend either parent to have custody of their child.
