In deciding custody, the paramount consideration is the welfare of the child. In the case of Mahabir Prasad v Mahabir Prasad, the court shall have regard to:

S.88 of LRA provides that "the court may at any time by order place a child in the custody of his or her father or his or her mother or, where there are exceptional circumstances making it undesirable that the child be entrusted to either parent, of any other relative of the child or of any association the objects of which include child welfare or to any other suitable person.”

S.88(2) (b) of LRA states that , in deciding in whose custody a child should be placed the paramount consideration shall be the welfare of the child and subject to this the court shall have regard ;

In which case states that the welfare of the child is not the exclusive and only consideration?

The court may order a joint custody if there can be substantial agreement and no cooperation between the parties.

In the case of Chuah Thye Peng v Kuan Huah Oong, the Court held that:

S 88(3) of LRA 1976 had provided that “There shall be rebuttable presumption that it is for the good of a child below the age of ____ years to be with his or her ____

but in deciding whether that presumption applies to the facts of any particular case, the court shall have regard to the undesirability of disturbing the life of a child by changes of custody” .

What is the principle of the case Saraswathy v Palakrishnan?

The custody of the children, Lydia and Eric, shall be given to the grandparents instead of their own parents, Mark and Mary, due to the fact that their grandparents had doted on the children while staying with them.