Guardianship and Custody

Guardianship and Custody

When a family breaks down, disputes often arise as to the arrangements for the children. These situations are often emotional and distressing for the parents and the children involved. We have advised and guided many of our clients under these unfortunate circumstances.

 

We handle all manner of child-related disputes, both in the context of divorce proceedings as well as custody disputes under the Guardianship of Infants Act. We have acted for clients in child abduction cases, relocation applications with minor children to foreign jurisdictions; and maintenance applications for minor children under the maintenance summons regime.

  • What is most important to the court’s decision?

    In all matters involving children, courts use a “best interest of the child” standard to make decisions. So, if after reviewing the facts presented, the court finds it is in the best interest of the child, the court will grant you legal guardianship of the child.

  • Difference between custody and guardianship:

    Guardianship usually involves a child living with her guardian. Therefore, the guardian has physical custody, and the child’s parent does not. However, biological parents maintain their parental rights, even when they don’t have physical custody.

Our Expertise

Guardianship and Custody

When a family breaks down, disputes often arise as to the arrangements for the children. These situations are often emotional and distressing for the parents and the children involved. We have advised and guided many of our clients under these unfortunate circumstances.

 

We handle all manner of child-related disputes, both in the context of divorce proceedings as well as custody disputes under the Guardianship of Infants Act. We have acted for clients in child abduction cases, relocation applications with minor children to foreign jurisdictions; and maintenance applications for minor children under the maintenance summons regime.

  • What is most important to the court’s decision?

    In all matters involving children, courts use a “best interest of the child” standard to make decisions. So, if after reviewing the facts presented, the court finds it is in the best interest of the child, the court will grant you legal guardianship of the child.

  • Difference between custody and guardianship:

    Guardianship usually involves a child living with her guardian. Therefore, the guardian has physical custody, and the child’s parent does not. However, biological parents maintain their parental rights, even when they don’t have physical custody.

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