"Few parents nowadays pay any regard to what their children say to them. The old fashioned respect for the young is fast dying." - Oscar Wilde, The Importance of Being Ernest
The Women's Charter defines a "child" as a child of a marriage and is under 21 years old."Welfare of the children" is the most important consideration for a judge in resolving any matter relating to them. The Court must make sure that the best possible arrangements are made for the children. That's why, since 1997, a Parenting Plan is the first document that has to be prepared when you file a Divorce Petition.
"Welfare" includes physical comfort and well being, financial provisions, ties of affection, the happiness of the child and the character, personality and position of the parents.
Father and Mother share the responsibility and authority equally. None has a superior right.
Q: My husband and I are divorced and I have custody of the child. Can I change my child's surname to mine?
You have to get your husband's consent. When it comes to the most important decisions affecting a child, both parents retain equal authority and it does not matter who has custody of the child.
These decisions must also be made with the child's welfare as the supreme consideration.
Sep 08, 2008 - 09:25 PM
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