Anoff v Fofanah

Facts

A dispute between parents over the custody of their child, each asserting a superior right.

Issue

Does either parent have an absolute right to custody?

Held

Dobbs J held that the welfare of the child is paramount, but not exclusive. The mother's wishes prevail against the father's if the child's welfare is not impaired by giving effect to them.

Principle

No parent has an absolute claim. Welfare decides, and a parent's wishes are relevant only through the child's interests.

Why it matters

The local custody case. The Child Rights Act now states the same priority as the best interests of the child.

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