Summary
The Court maintained an interim arrangement under which a twelve-year-old daughter resided with her father and her mother had specified visitation rights. After separately interviewing the parents and child, the Court found the child capable of an intelligent preference and unequivocal in wishing to remain with her father. Her welfare and well-being governed the decision; all findings remained prima facie at the intermediate stage.
Issues
- Whether the interim custody and visitation arrangement should be disturbed in light of the child’s welfare and expressed preference.
Held
- The paramount consideration in custody proceedings is the child’s welfare and well-being, including comfort, development, health, education and surroundings. (¶ 24)
- The child was articulate and capable of forming an intelligent preference. Her unequivocal wish to live with her father, who cared for her education and daily needs, supported maintaining the arrangement after the Court’s personal interaction. (¶ 24)
- Custody with the father and the mother’s visitation under the Family Court order of 3 May 2019 were affirmed. Findings were prima facie because the proceedings remained at an intermediate stage. (¶ 24)
Result
Special leave petition disposed of by affirming the Family Court’s arrangement of 3 May 2019: custody with the father and specified visitation for the mother. Pending applications disposed of; findings confined to the intermediate stage.