LEGAL VIEW : GUARDIANSHIP and CUSTODY LAWS

LEGAL VIEW  GUARDIANSHIP and CUSTODY LAWS

The paramount consideration in adjudicating custody and guardianship matters, emphasized on  ‘WELFARE OF THE CHILD”

The Custody Laws comes to the fore during the conflict situations such as in matrimonial disputes between mother and father as natural guardians. Therefore custody need to granted among the natural guardian, so it need to have procedure to safeguard in welfare of the child.  A mother’s right to custody is invariably paramount but court in welfare of child pass orders relating to custody, therefore right to custody secured by orders of the court. As court is ultimate arbiter in all types of conflict situations.The court will always be guided by ‘welfare’ of the person and, welfare of the child’ which attempts to enable each child to survive and reach his or her full potential.

Presently, The Laws pertaining to safeguarding custody of the minor as in Guardian and Ward act. They are challenges to define &consensus on what exactly constitutes welfare of child, also the legal framework is silent about custody issues, No codifying rules governing custody. The English Law,  UN convention on Rights of Child consider ‘Best Interest of Child’ as a prime consideration to articulate Welfare Principle in custody.

Guardian, As a person conferred by power of custody of minor or disabled person substitutes the decision making of a child for its welfare.The rights is crucial in matters of residence, education and general upbringing. Currently the jurisdiction are upheld in direction to bring changes in Guardian and Ward Act with aim to work on Joint custody, parenting plans and mediation principle, Child support,Welfare principle, Abolition of preference.

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