The Law on Marriage and Family 2014 stipulates the special principle that children under 36 months old are brought to their mothers for the sake of better protection for their rights. In general, parents negotiate by themselves first to decide who shall have custody of the child, if an agreement cannot be reached, the Court will determine accordingly with all aspects of the child’s interests. In case the mother meets the above conditions but does not want to be bear such responsibility, she must negotiate with the father in the interest of the child in all aspects. If she is not eligible to directly look after, care for, nurture and educate the child, the father will be entitled to direct custody of the child but must still ensure all aspects of the child’s interests[2].
After all, the core principle is that
the law, when determining
the custodial parent, is based on the safeguard of all aspects of the children’s
interests. Therefore, even if any child is under 36 months old, the mother still must have basic
necessities such as accommodation, sufficient income, enough time to look
after, take care of and raise the child, etc. The mother will be prioritised by
the Court for sole custody of all
children under 36 months old in order to ensure the normal development
of the children’s physique and mental
abilities. The Court will consider bringing a child under 36
months old to the father only when both parents agree or when the father can
prove that the mother is unfit
to be granted custody of the child.
[2] Article 81.3 of the Law on Marriage and Family 2014.
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