James and Martha waited 12 years for their first child, and they showered him with love and affection. Unfortunately, even if things were great with their son, their marriage did not do so well, and they finally decided to separate from each other. However, none of them can bear to be away from baby Philip, but they cannot agree on what to do. They want to know which of them is entitled to stay with Philip after they separate.
THE LAW SAYS
Children are entitled to care and protection and to stay with their parents. However, when the relationship between the parents does not work out, it means that the courts of law must look out for the best needs of the child. This is known as the best interests principle of the child. It means that the courts and the law should see their decisions from a child’s view to ensure that the child’s rights are respected and that the child is not negatively affected.
This means that Phillip’s must be considered a priority in deciding which parent will best serve him. The feelings and ‘wants’ of James and Martha will be put aside until those of baby Philip are catered for.
WHAT DOES IT MEAN FOR THE PARENTS ?
Even if the parents are not living together anymore, the law still demands that both parents remain responsible for Phillip’s basic needs and care. It does not remain the ‘job’ of the parent staying with the child.
📷: Unsplash.
Source; BarefootLaw .
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