One of the most contested issues in divorce proceedings relates to who gets to ‘keep’ the children. When considering this aspect in divorce proceedings, the Court will decide this issue on what would be in the best interest of the minor child or children. In essence, there is no spouse and or parent who has an inherent right to primary care of the minor child. Our Courts over the years have ensured that no parent is preferred over the other unless the circumstances demand otherwise. Child custody can be categorized into two groups: (a) primary care, is referred to the parent who will reside with the child daily, this parent sees to the daily needs of the child, however, a parent who is awarded primary care bears the responsibility of informing the other parent regarding any material issues regarding the child ( i.e. if the minor child is admitted at hospital the parent who has primary care must inform the other parent as soon as reasonably possible), (b) contact with a child, refers to the non-custodial parent’s rights and privileges, which allows the other parent who does not primary care of the child to see, and spend time with his or her child.
