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Book 4 · Family law  ›  Title 5 · Parental custody › Section 1671

Transfer of sole custody where the parents live apart

(1) If parents live apart for a period that is not merely temporary, and if they have joint parental custody, each parent may apply for the family court to transfer parental custody or part of parental custody to that parent alone. The application is to be granted to the extent that

1.  the other parent consents, unless the child has reached the age of fourteen and objects to the transfer, or

2.  it is to be expected that the termination of the joint parental custody and the transfer to the applicant is most conducive to the best interests of the child.

(2) If parents live apart for a period that is not merely temporary and if, under section 1626a (3), the mother has parental custody, the father may apply for the family court to transfer parental custody or part of the parental custody to him alone. The application is to be granted if

1.  the mother consents, unless the transfer is inconsistent with the best interests of the child or the child has reached the age of fourteen and objects to the transfer, or

2.  joint custody is not an available option and it is to be expected that the transfer to the father is most conducive to the best interests of the child.

(3) If the parental custody of the mother is suspended in accordance with section 1751 (1) sentence 1 the application of the father for transfer of joint parental custody in accordance with section 1626a (2) is to be deemed to be an application in accordance with subsection (2). The application is to be granted where the transfer of parental custody to the father is not inconsistent with the best interests of the child.

(4) The applications in accordance with subsections (1) and (2) are not to be granted where parental custody must be regulated differently on the basis of other provisions.

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