The issue of child custody
REMEMBER, no one parent of either gender has a legal right to custody of a child over the other without a court order stating thus, even if the child has been living with that parent for most of the time. The same goes for withholding access to the other parent over issues like maintenance.
The issues of legal custody, care and control, and access have to be determined by a court on an application by either father or mother. If this has not occurred, then both parents are entitled to the right of custody, access and care and control of their children. Neither parent’s right supercedes the other’s, unless a court, having jurisdiction in such matters, makes an order to the contrary.
For instance, a court may grant sole legal custody and care and control to one parent with access to the other; or sole legal custody and access to one with care and control to the other; or joint custody to both, with care and control to one and with access to the other; or the parties may agree on any of these and the court will make the order in the terms agreed.
‘Custody’ gives a parent the right to make all important decisions about the conduct of their children’s lives. ‘Care and control’ means the parent who cares for them daily for most of the time. ‘Access’ means that the parent with this sees or has the children with him/her sometimes.
Issues of custody, access and child maintenance are dealt with locally by the Family Court or the Supreme Court of Jamaica.
