Child Custody After Divorce Proceedings

77 Comments / Child Custody, Maintenance, Syariah Divorce / By

Child Custody After Divorce Proceedings

Divorce is the end of the marital journey but that does not mean zero cooperation thereafter. It is something that needs to be discussed because divorce impacts not only the husband and wife but the children 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.

At this point is it is also important to note that shared care and control orders are also increasingly given. This is when both parents make day to day decisions and one example of such an order might be the children living alternative weeks with each parent. There are many factors to consider before the court will make such an order. 

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 will not able to obtain an order to prevent access if the other parent is a normal parent. 

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.

If you’ve read this far, you can click on any link in this website to talk to our child custody lawyers. Don’t worry, it’s free!

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.

Get In Touch With A Lawyer Today

Engaging a lawyer is not compulsory but it is definitely helpful especially when there is a lot at stake.

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.

Speak to a lawyer now

CONTACT US TODAY

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

Contact Us
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. 

77 thoughts on “Child Custody After Divorce Proceedings”

  1. Indra

    My wife has agree to split care and control in the first place, theres also written agreement with signature but when she file for divorce, she proposed that she both child under her care and control. Please advice

  2. Syariah Lawyer Admin

    For a FREE legal consultation or advice, you may get in touch with our lawyers at the number provided or via Whatsapp. All details will be kept confidential.

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  60. Williepag

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  65. inakstix

    Crypto news!

    Ripple, the company behind popular cryptocurrency XRP, has been announced as an official partner of a key subgroup under a Bank for International Settlements (BIS) committee. This could be a massive development in the company’s pursuit to create a crypto ecosystem between central banks around the world.

    Ripple Named As Key BIS Committee Partner

    This announcement comes at a time when the altcoin is back to being in bullish space thanks to the recently delivered Summary Judgment in the Ripple lawsuit against the U.S. Securities and Exchange Commission (SEC). The judgment effectively said that the token can not be deemed a security if it is sold through an exchange or through programmatic sales for retail buyers, while the previous judgment holds when it comes to institutional sales.

    According to the announcement, Ripple is now an official partner of the ‘Cross-border payments interoperability and extension taskforce’. The taskforce is a subgroup within the Bank for International Settlements (BIS) Committee on Payments and Market Infrastructures. The BIS announcement comes just few days after Michael Miebach, chief executive officer at payments company Mastercard, revealed that his company is in collaboration with the likes of Ripple in relation to a new central bank digital currency (CBDC) partner program.

    What Next For XRP Price?

    Meanwhile, the XRP price saw significant volatile trend in the last few days, thanks to the recent developments like the SEC’s filing for interlocutory appeal in the lawsuit against Ripple. Earlier, CoinGape reported that traders could be rewarded if they hold on until the token hits a target of $0.62 next. Compared to the beginning of the year 2023, the XRP price jumped by a whopping 54%, compared to the 58% jump in Bitcoin price during the same period.

    Cryptocurrency exchanges review:

    #1 OKX – 24h Volume: $ 1 097 255 972.
    OKX is an Hong Kong-based company founded in 2017 by Star Xu. Not available to users in the United States.

    #2 ByBit – 24h Volume: $953 436 658.
    It is headquartered in Singapore and has offices in Hong Kong and Taiwan. Bybit works in over 200 countries across the globe with the exception of the US.

    #3 Gate.io – 24h Volume: $ 643 886 488.
    The company was founded in 2013. Headquartered in South Korea. Gate.io is not available in the United States.

    #4 MEXC – 24h Volume: $ 543 633 048.
    MEXC was founded in 2018 and gained popularity in its hometown of Singapore. US residents have access to the MEXC exchange.

    #5 KuCoin – 24h Volume: $ 513 654 331.
    KuCoin operated by the Hong Kong company. Kucoin is not licensed to operate in the US.

    #6 Huobi – 24h Volume: $ 358 727 945.
    Huobi Global was founded in 2013 in Beijing. Headquartered in Singapore. Citizens cannot use Huobi in the US.

    #7 Bitfinix – 24h Volume: $ 77 428 432.
    Bitfinex is located in Taipei, T’ai-pei, Taiwan. Bitfinex is not currently available to U.S. citizens or residents.

    My bitcoin-blog: https://sites.google.com/view/my-crypto-jam/portfolio
    =)

  69. Detavene

    In a surprising development, Ripple, the payments company behind the crypto token XRP, has joined hands with Jared Isaacman, who is Elon Musk’s partner at SpaceX. The billionaire founder of payments processing company Shift 4, flew to the Earth orbit on SpaceX’s Crew Dragon capsule in 2021. In a latest development, Ripple had officially announced it was working on a donations project in collaboration with Isaacman.

    XRP Donations Along With SpaceX Partner

    Ripple had officially announced it was joining Isaacman in the XRP and crypto donations project for the Maui Emergency Response Fund. Accordingly, XRP has been added as one of the crypto donations options to charities on The Giving Block, a crypto donation solution provider. The company said,

    “Ripple will be joining Shift4 CEO Jared Isaacman and the next $50K USD in any crypto donations made to the Maui Relief Fund will be matched 200%.”

    The partnership involves Donation Matching, which means one party matches the contribution of another party. In this case, Ripple had pledged to match along with Isaacman in contributing double the crypto donations received upto $50,000.

    More To Come Between Jared Isaacman and Ripple?

    Although the collaboration is no concrete signal of the SpaceX partner’s close links with Ripple, it remains to be seen if there is more to be uncovered. Elon Musk is popularly known for his tweets on Dogecoin and during the bull run in 2021, his tweets had a major impact on the crypto market. SpaceX and Tesla had added the Dogecoin payment option on their websites for sale of company merchandise.

    Cryptocurrency exchanges review:

    #1 OKX – 24h Volume: $ 1 097 255 972.
    OKX is an Hong Kong-based company founded in 2017 by Star Xu. Not available to users in the United States.

    #2 ByBit – 24h Volume: $953 436 658.
    It is headquartered in Singapore and has offices in Hong Kong and Taiwan. Bybit works in over 200 countries across the globe with the exception of the US.

    #3 Gate.io – 24h Volume: $ 643 886 488.
    The company was founded in 2013. Headquartered in South Korea. Gate.io is not available in the United States.

    #4 MEXC – 24h Volume: $ 543 633 048.
    MEXC was founded in 2018 and gained popularity in its hometown of Singapore. US residents have access to the MEXC exchange.

    #5 KuCoin – 24h Volume: $ 513 654 331.
    KuCoin operated by the Hong Kong company. Kucoin is not licensed to operate in the US.

    #6 Huobi – 24h Volume: $ 358 727 945.
    Huobi Global was founded in 2013 in Beijing. Headquartered in Singapore. Citizens cannot use Huobi in the US.

    #7 Bitfinix – 24h Volume: $ 77 428 432.
    Bitfinex is located in Taipei, T’ai-pei, Taiwan. Bitfinex is not currently available to U.S. citizens or residents.

    My bitcoin-blog: https://sites.google.com/view/my-crypto-jam/ripple
    Crypto Review: https://my-crypto-jam.blogspot.com/2023/09/Bitcoin-btc.html
    =)

  70. Foondoxy

    Bitcoin finds itself on the cusp of a concerning technical indicator: the “Death Cross.” This phenomenon occurs when Bitcoin’s 50-day Simple Moving Average (SMA) crosses below its 200-day SMA.

    Forbes analyst Steven Ehrlich recently highlighted this trend, which often signals impending bearish momentum.

    For the uninitiated, moving averages help smooth out price data to create a single flowing line, making it easier to identify the direction of the trend.

    Bitcoin’s modest volatility

    Investor sentiment has been tense, with Bitcoin’s price showing modest volatility within a 24-hour range of $25,641.06 to $25,925.03.

    According to CoinGecko data, Bitcoin’s market cap is a formidable $503.8 billion.

    However, the looming Death Cross could disrupt this relative stability,.

    It is not a guarantee of an upcoming bear market, but it does raise eyebrows among market participants.

    Bernstein’s bullish prediction

    In the meantime, financial research firm Bernstein predicts a significant rally in the cryptocurrency market, primarily led by Bitcoin, due to a recent court decision favoring Grayscales against the U.S. anticipated surge is expected to be driven by long-term institutional investors

    Cryptocurrency exchanges review:

    #1 OKX – 24h Volume: $ 1 097 255 972.
    OKX is an Hong Kong-based company founded in 2017 by Star Xu. Not available to users in the United States.

    #2 ByBit – 24h Volume: $953 436 658.
    It is headquartered in Singapore and has offices in Hong Kong and Taiwan. Bybit works in over 200 countries across the globe with the exception of the US.

    #3 Gate.io – 24h Volume: $ 643 886 488.
    The company was founded in 2013. Headquartered in South Korea. Gate.io is not available in the United States.

    #4 MEXC – 24h Volume: $ 543 633 048.
    MEXC was founded in 2018 and gained popularity in its hometown of Singapore. US residents have access to the MEXC exchange.

    #5 KuCoin – 24h Volume: $ 513 654 331.
    KuCoin operated by the Hong Kong company. Kucoin is not licensed to operate in the US.

    #6 Huobi – 24h Volume: $ 358 727 945.
    Huobi Global was founded in 2013 in Beijing. Headquartered in Singapore. Citizens cannot use Huobi in the US.

    #7 Bitfinix – 24h Volume: $ 77 428 432.
    Bitfinex is located in Taipei, T’ai-pei, Taiwan. Bitfinex is not currently available to U.S. citizens or residents.

    My bitcoin-blog: https://sites.google.com/view/my-crypto-jam/ethereum
    Crypto Review: https://my-crypto-jam.blogspot.com/2023/09/Bitcoin-btc.html
    =)

  77. DamSpeda

    ANZ, one of Australia’s “Big Four” banks, has completed a transaction with tokenized assets utilizing its A$DC stablecoin and Chainlink’s Cross-Chain Interoperability Protocol, or CCIP.

    The development showcased the bank’s capability to transfer funds across both open and private blockchain networks, furthering experiments being conducted to test the efficiency and security of deploying real-world assets on-chain.

    According to a statement by Chainlink on social platform X, formerly known as Twitter, the move Wednesday “builds on the lessons learned” from the Swift blockchain interoperability initiative, originally conducted in June.

    The effort, a joint venture between leading global banks and The Society for Worldwide Interbank Financial Telecommunication, seeks to test the limits of blockchain interoperability.

    Its objective: Offering major financial institutions a centralized gateway to various networks, in a bid to reduce the operational hurdles and investment required to link the global financial system.

    Banks involved included BNP Paribas, BNY Mellon, Citi, Clearstream, Euroclear, Lloyds Banking Group, SIX Digital Exchange (SDX), and The Depository Trust and Clearing Corporation (DTCC), in addition to ANZ or the Australia and New Zealand Banking Group.

    Chainlink has played a central role in understanding whether banks and the crypto sector can coexist in harmony, challenging commonly held concerns associated with retail CBDCs.

    Chainlink’s product, which has so far been well received, serves as a “universal messaging interface” for communication between various chains by utilizing its Oracle network.

    CCIP works with two separate Oracle networks. One network handles sending messages and transferring value, while the other watches over to make sure those transactions aren’t risky, Blockworks was previously told.

    “The bank’s work with its A$DC stablecoin and the tokenization of real-world assets has already provided us with valuable lessons as we continue to investigate enterprise-grade use cases,” Nigel Dobson, ANZ’s banking services portfolio lead said in a statement on Wednesday.

    “Based on market activity, we expect the continued adoption of digital assets will result in the proliferation of multiple assets across many blockchain networks.”

    Cryptocurrency exchanges review:

    #1 OKX – 24h Volume: $ 1 097 255 972.
    OKX is an Hong Kong-based company founded in 2017 by Star Xu. Not available to users in the United States.

    #2 ByBit – 24h Volume: $953 436 658.
    It is headquartered in Singapore and has offices in Hong Kong and Taiwan. Bybit works in over 200 countries across the globe with the exception of the US.

    #3 Gate.io – 24h Volume: $ 643 886 488.
    The company was founded in 2013. Headquartered in South Korea. Gate.io is not available in the United States.

    #4 MEXC – 24h Volume: $ 543 633 048.
    MEXC was founded in 2018 and gained popularity in its hometown of Singapore. US residents have access to the MEXC exchange.

    #5 KuCoin – 24h Volume: $ 513 654 331.
    KuCoin operated by the Hong Kong company. Kucoin is not licensed to operate in the US.

    #6 Huobi – 24h Volume: $ 358 727 945.
    Huobi Global was founded in 2013 in Beijing. Headquartered in Singapore. Citizens cannot use Huobi in the US.

    #7 Bitfinix – 24h Volume: $ 77 428 432.
    Bitfinex is located in Taipei, T’ai-pei, Taiwan. Bitfinex is not currently available to U.S. citizens or residents.

    My bitcoin-blog: https://sites.google.com/view/bitcoin-potential-growth/
    =)

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