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Section 118: Can Parents Agree on Custody Without Court?

118.Custody by agreement

(1)The parents of a child may enter into a written agreement to determine which of them shall have custody of the child.

(2)The court may recognise an agreement made between the parents of a child giving the custody of the child to one of the parents, except where court finds that enforcing the agreement would not be in the best interest of the child.

(3)The court shall only recognise an agreement under subsection (1), if it is satisfied that there was no duress or fraud involved in making the agreement.

Plain English Summary

Parents have the right to make a written agreement about which parent will have custody of their child. The court will accept this agreement unless it...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within THE CHILDREN ACT. Faster results.