- Sole Custody
This is where only one parent has custody and allows that parent to make important decisions regarding the child without consulting or getting the other parent’s permission. It, therefore, transfers parental rights and authority to the custodial parent exclusively. The court may, however, still order the custodial parent to consult the non-custodial parent for major decisions.
In Re B [1962] 1 All E.R. 872, custody was granted to the father of a four-year-old boy. The Court of Appeal pronounced that there is no settled rule that, where the custody of an infant is concerned, a child of such a tender age should remain in the mother’s custody.
Notably, certain rights are reserved for the non-custodial parent, such as the right to succeed on the child’s intestacy, the right as a guardian on the death of the other parent, the right to appoint a testamentary guardian and to veto adoption.
Section 7 CCGM Act provides that a person entitled to the custody of a child may apply to the Court in the manner prescribed by the rules of the Court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child.
In light of these statutory provisions and despite the parent’s entitlement to their child, the courts may make orders regarding the child’s custody whilst bearing in mind the child’s best interest. Thus, in Milne v. Milne (unreported) (unreported) HC, T&T 1973, it was explained that the emphasis is not on the ‘rights’ of the parents to custody but on the ‘right’ of the child to be placed in the environment which will be most conducive to its welfare. In Batson v. Batson (unreported) T&T 1981, a father was denied custody of his daughter because he smoked marijuana in her presence and even taught her how to roll the marijuana cigarettes. Thus, while a parent is in a position by virtue of his guardianship to influence his child, the father is not allowed to influence the child to the child’s detriment.
When deciding on custody of a child, the court is guided by, among other things, the “welfare principle”. The welfare of the child is of paramount importance.
