maternal care is a significant factor in the rearing of the child.
Traditionally, mothers usually win child custody proceedings or cases involving the residence of the child. After separation and when the mother wins the residence of the child, it is not impossible for the latter to take the child overseas and never allow the child to see the other parent again. However, with the recent amendments of the Family Law, the case is no longer the same.
The recent amendment in the Family Law which introduces the principle of shared of parental responsibility now allows both parents to spend equal time with their children. Thus, in deciding cases involving family issues, separation and divorce, as well as child custody, the court recognizes that the father should also have an equal right and access to his child. The court sees that shared-parenting helps establish father-child relationship, which is also a crucial element in the development and growth of the child.
Listed below are some of the principles that explain why shared parenting is important.
- Children have the right to know their parents and grow up under their love and support
- All children have the right to be protected from harm
- Parents possess a responsibility to care for their children which is to be equally shared
- Parents should work out together for the best of their children.
A recent study suggests that shared parental responsibility may give more chances of family violence. Researchers feared that shared-parenting may only expose the child and the mother in danger especially when violence has been present in a relationship and high levels of fear has existed prior to separation.
However, the courts cleared that when family violence is involved, shared parental may be suspended. In deciding where the child would reside, the court sees to it that the decision is in the best interest of the child. If it has been established that the exposure of the child to the father places the child at risk of abuse, then the court may render a decision that is favorable to the interest of the child.
Upholding the principle of the best interest of the child, when family abuse is present, aims to protect the child from further harm and danger. Shared parenting may hard to manage between parents who have disputes with one another.
For a successful outcome, it would be best for both couples to consult a family lawyer in solving family issues involving separation and child custody.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.