Child Custody After Divorce Proceedings

Divorce is the end of the marital journey. It is something that needs to be discussed because divorce impacts not only the husband and wife but the children and extended family as well.

Generally, it is not encouraged to split siblings between parties during a divorce. This is especially so when the children share a close bond. However, if parties agree on doing so and if there are no other factors affecting the welfare of the children, which requires the Court to decide otherwise, then it is possible to do this.

When it comes to the issue of children, their welfare is of paramount importance. As such, while is it possible to obtain split care and control, the final decision still rests with the Judge. It is also important to understand the difference between custody orders and care and control orders. The former relates to who makes the long term and major decisions such as on the children’s education, religion and healthcare of the child while the latter refers to who makes the day to day decisions. The parent who has care and control is also who the children will live with on a day to day basis.

The party who does not have care and control will have access to the children. Access could vary from day access to weekend access which may also include overnight access.

The aforementioned are issues which can significantly affect your ties and bond with your child post-divorce and we highly encourage you to know your rights in a divorce especially when it involves young children.

Connection to Children After Divorce Proceedings

People often make decisions without considering all factors especially what is in the best interest of the children post-divorce. This is especially so when emotions are high.

A common misconception is that once parents are divorced, they never have to see each other again. The truth is that they actually have continue to work together for their children, whether they like it or not or at least until their children become adults.

If parents think in a rational manner for the sake of their children, we could avoid protracted Court proceedings and or endless variations to existing Court orders. It is important to understand that the paramount consideration in any proceedings involving children is the welfare of the children. This is placed above the needs and wants of the parents.

Where custody/care and control of the child is concerned, the ex-spouses need to work together and have constant communication for the benefit and welfare of their children. Parents must actively prevent the children from being negatively affected by the proceedings.

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Reasonable Access To Children After Divorce

It will not be easy to come to a mutual understanding or conclusion. You must realise this and be mentally prepared.


What you need to know is that whoever has the care and control of the children may not able to prevent the other party from having access to the children. This is trite law.

Generally, access will be unsupervised unless there is history of violence or where the children have been separated from either parent for some time due to neglect. Access may also be incremental meaning access may be supervised for a period of time before progressing to unsupervised/overnight access. Reasonable access does not necessarily mean overnight access.


For example, if the child is an infant and there are no allegations that the mother has neglected her duties towards the child, it is likely that care and control will be given to the mother unless parties mutually agree otherwise. The father may not be able to obtain overnight access at this stage. You must also come to an agreement on stipulated timings to be fair to both parties as not all orders are made in such detail where communication is no longer be necessary.

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So now you know that a divorce is more difficult when you have children compared to having none.

There are people who makes mistakes. This blog was written to help all people in general and not just those from the Muslim community.

As lawyers, our professional duty is to represent our clients through their divorce proceedings. We will not advise you on whether or not is it better for you to divorce. That is a decision that you will have to make on your own accord.

If you have not made up your mind or wish to save your marriage, please proceed to a counsellor or Ustaz who will be able to advise you better. 

We are here to assist those whom wish to divorce or are in the midst of divorce or PPO proceedings.

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

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