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Custody of Children, and Maintenance of Wife and Children – What comes next on your child after a divorce?

Have you been wondering what comes next on your child after a divorce? Read on as we will cover the following topic:-

  1. Guardianship and Custody of Children, and
  2. Maintenance of Wife and Children

First of all, let us understand how is child defined.

Under the Guardianship of Infants Act 1961 – An infant means a person who has not attained his/her majority; For Muslim that is under 18 years old, and for Non-Muslim is below 21 years old.

Under the Law Reform (Marriage & Divorce) Act 1976 – A “Child” basically means child of marriage.

What is Child of Marriage ?
Child of Marriage basically means the child of both parties to the marriage, this includes illegitimate child, and adopted child below age of 18 years old.

Guardianship of the child
Guardianship of Infants Act 1961:
What is guardianship?
Relation arise when the child is incapable to manage themselves.
Guardianship includes rights to determine name, discipline and religion of the child.

Main consideration taken by court in determining matters relating to guardianship of the child:
THE WELFARE PRINCIPLE  the welfare of the child

The court will also consider the wishes of the parents in line with the welfare principle.

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