VI.   Homo Sapien Life

Custody of a Child is legal recognition of who is considered to have the rights of immediate charge and control in the capacity as guardian.

By default, both legal parents living together are recognized as guardians and therefore share common custody of a Child. However, should a dispute occur between the legal parents, it shall be the right of a judicial authority to resolve any disputes concerning custody in accordance with these Canons.

All judicial authority concerning matters of resolving disputes concerning custody and the welfare of Children is subject to these Canons.

Unlike other periods of age, there is no such thing as separate and equal custody rights for each legal parent as a guardian, only common and primary custody rights that exist while both parents live together in union. Therefore, in the event of a dispute over custody, only one legal parent may be granted by a competent judicial authority primary custody until the Child becomes a Youth with the other legal parent only granted temporary access at important holidays and events.

Primary Custody of the Child means the primary legal parent becomes the sole permanent legal guardian of the Child and is responsible overall for the well being of the Child and their protection, while requiring the primary legal parent the permission of their previous partner to have limited access to their Child during major holidays and birthdays.

Temporary access and Custody of the Child by the parent not awarded primary Custody means the parent is legally only permitted limited access around major holidays and birthdays, unless the primary legal parent grants permission for more access.

The provision of more access by a primary legal guardian to the other legal parent who has lost permanent guardian rights does not imply a cessation of status, even if both parties reunite. Only an order by a competent judicial authority or the formal sacrament of union can restore guardian rights.

In the event of separation of legal parents and a dispute over custody of a Child, primary custody shall always be granted to the legal mother of the infant, unless one or more of the following conditions exist in which case sole custody shall be granted to the legal father:

(i) A history of diagnosed mental illness and evidence suggesting such a condition remains and may present a clear risk to the well being of the infant; or

(ii) A history of drug abuse and evidence suggesting such a condition remains and may present a clear risk to the well being of the infant; or

(iii) A history of physical abuse against children and evidence suggesting such a condition remains and may present a clear risk to the well being of the infant; or

(iv) A history of relationships with partners who are identified as having one or more of the above conditions and evidence suggesting such a relationship now exists and may present a clear risk to the well being of the infant.