In Brief
A mother and father disputed custody of their two children (aged 13 and 17) following matrimonial breakdown in 2013. After the father voluntarily handed over the children to the mother in June 2015, he sought their return through court proceedings. The Additional ACMM and Sessions Court awarded custody to the mother based on the children's expressed wishes and welfare considerations. The High Court reversed this, restoring custody to the father. The Supreme Court set aside the High Court's order, holding that the welfare principle must be assessed afresh at each stage, and that the children's improved academic performance under the mother's care and their mature, reasoned preferences entitled them to remain with her. The Court upheld the mother's custody while granting the father substantial weekend and holiday access rights.
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