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Report No. 65

III. Variety of Disputes

20.17. Variety of disputes.-

This brief resume of provisions empowering the court to deal with the custody of children, shows the variety of powers possessed by various courts. It may also be stated that legal disputes concerning children are of many kinds, and may arise-(i) independently, or (ii) pending matrimonial proceeding, or (iii) in the aftermath of matrimonial proceedings between the parents. The dispute itself may be between the parents themselves, or between the parents (united or divided) and the third parties like in laws, and grand-parentsJts subject-matter can be the question who is best suited or placed to bring up a child, or merely a specific point of disagreement-for example, over access, education or maintenance.1

1. Grant Family Law, (1970), pp. 132, 133.

20.18. Custody-a divisible right.-

"Custody" is a divisible right, which enables a court, in proceedings relating to a child, to make an order for custody subject to qualifications, or to divide the rights inherent in custody between the parents or other parties-for example, by giving custody to A subject to care and control to B, or custody to A and B subject to care and control to A or B or even C. These permutations enable a court to give both parents, and other persons who may be concerned, a share or stake in the upbringing of a child where such arrangement is likely to be of benefit1.

1. N (In rem:), (1967) 1 WLR 479, the Court of Appeal approved of a care and control order to one party, without any other order for custody.

Recognition of Foreign Divorces Back

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