Article 33 — Custody and Access

1. 1.

   Where the parents of a child do not live together, whether by reason of divorce, separation, or otherwise, they shall agree on the arrangements for the custody of and access to the child.

2. 2.

   Custody includes the right and duty to have the child reside with the custodial parent and to make day-to-day decisions concerning the child’s welfare.

3. 3.

   In the absence of agreement between the parents, the Royal Chancellery shall, upon application, determine the custody and access arrangements, having regard to:

   1. The best interests of the child, as the paramount consideration
   2. The wishes of the child, if the child is of sufficient age and maturity to express a view
   3. The ability and willingness of each parent to provide care and a stable environment
   4. The existing relationship of the child with each parent and with other persons of significance to the child
   5. Any history of abuse, neglect, or violence by either parent.
4. 4.

   Joint custody is preferred where it is in the best interests of the child and where both parents are able to cooperate in the exercise of shared responsibility.

5. 5.

   The non-custodial parent has the right of regular access to the child, unless the Chancellery determines that access would be contrary to the welfare of the child.

6. 6.

   Custody and access arrangements may be modified by agreement of the parents or by determination of the Chancellery upon a material change of circumstances.

7. 7.

   The Royal Chancellery shall, where practicable, seek the cooperation of host jurisdictions in the recognition and enforcement of custody and access orders, in accordance with the Fundamental Laws.