Balraj v. Dewar TT [1994] HC 74

Case Name:  Balraj v. Dewar TT [1994] HC 74

 Judge: Shah. J

 Subject: Family Law

 Country: Trinidad and Tobago

Facts

In this case the grandmother of Keisha Murisha Dewar ( a minor)  applied for custody of the said minor pursuant to the Family Law Act. The minor’s biological father, the respondent in the case, also applied for custody of the said minor. When the minor was still an infant she was left in the care of her grandmother by her biological father and mother. She grew up not knowing her father, mother and siblings. The minor’s biological mother later died in a car accident and the biological father at the date of the hearing was raising the siblings of the minor.

Held

The court stated that the paramount consideration was the welfare of the child, and though it would be painful to separate the minor from her grandmother, the law dictates that lawful parent should be given first priority in raising the minor child.