Section 18: Orders for custody of children

18. Orders for custody of children (1) On granting a decree, the Court shall make such order for the custody of any minor child as it thinks fit. (2) An order made under subsection (1) may be made in favour of either party or of any other person, whether or not related to the child, who consents to the order being made in his favour. (3) In making an order under subsection (1), the Court shall have regard to the interests of the child concerned as the first and paramount consideration. (4) In determining the interests of the child under subsection (3), the Court shall inquire into all the circumstances of the case and shall for that purpose hear the child if the child is above the age of 10 and capable of discernment. (5) The party to whom custody of a child has not been granted shall be granted a right of visit to the child on such conditions as the Court thinks fit. [S. 18 amended by s. 7 of Act 15 of 1998 w.e.f. 22 August 1998.]