The Court of Appeal in its reasons for setting aside the decision of custody of the minor to the father reaffirmed the approach of applying the guiding principles set out in section 3 of the Child Protection Act. The Court emphatically stated that the principles must be applied to the facts and evidence in a case.
The Court also placed much emphasis on the documentary evidence which was ignored by the Judge on the application of the section 3 principles.
The decision is an important one for family law litigants as it sets out how the principles must be approached and the strength of the evidence which may tilt a case in a particular favour.
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