Welfare of infant to be paramount consideration
3.  Where in any proceedings before any court the custody or upbringing of an infant or the administration of any property belonging to or held in trust for an infant or the application of the income thereof is in question, the court, in deciding that question, shall regard the welfare of the infant as the first and paramount consideration and, save insofar as such welfare otherwise requires, the father of an infant shall not be deemed to have any right superior to that of the mother in respect of such custody, administration or application nor shall the mother be deemed to have any claim superior to that of the father.
Equal right of mother to apply to court
4.  The mother of an infant shall have the like powers of applying to the court in respect of any matter affecting the infant as are possessed by the father.
Matters to be considered
11.  The court, in exercising the powers conferred by this Act, must have regard primarily to the welfare of the infant, and must consider —
(a)where the infant has a parent or parents — the wishes of the parent or both of them, as the case may be; and
(b)where the infant is of an age to express an independent opinion — the wishes of the infant.
[Act 18 of 2023 wef 31/01/2024]