What does the court put first when deciding who will look after the children?

The welfare of the child is the paramount consideration. Act 303 s.86(2) says that in deciding custody, the welfare of the child is the paramount consideration. Subject to that, the court weighs the wishes of the parents and the wishes of the child if old enough to express an independent opinion. Section 86(3) makes a rebuttable presumption that a young child is better with the mother, and the court also weighs the harm of disturbing a child's life by changes of custody. Although s.81 sets an order of who is entitled, s.86(1) lets the court choose someone else in exceptional circumstances. See Hadhanah & lineage.