FAMILY LAW —
CHILDREN — Best interests — Where both parents seek sole parental responsibility and for the
child to live with them — Where the respondent mother believes the
child would settle down and accept the
arrangement if the court ordered for the
child to spend no time with applicant father — Where the court has a statutory mandate
to make parenting orders with the
child's best interests as the paramount concern — Where there is little doubt that the
child would benefit from having a meaningful relationship with both parents — Where the
child's clear views that he does not want
to spend time with the respondent mother should be given significant weight in the circumstances — Where the
child is of an age, maturity and intelligence
to have principally formed his own rationally based views — Where the court is satisfied that it is in the
child's best interests for the presumption of equal shared parental responsibility
to be rebutted — Where the respondent father is
to have sole parental responsibility and the
child is
to live with him — Where the applicant mother is permitted
to attend certain school and sporting events of the
child — Where the
child should be able
to instigate contact with the respondent mother as he considers appropriate
to his needs and circumstances — Where the orders made are least likely
to lead
to the institution of further proceedings in
relation to the
child — Where the
child is
to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained
to him by an expert as soon as reasonably practical.
The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal
to all other peoples, while recognizing the right of all peoples
to be different,
to consider themselves different, and
to be respected as such, Affirming also that all peoples contribute
to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right
to development in accordance with their own needs and interests, Recognizing the urgent need
to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights
to their lands, territories and resources, Recognizing also the urgent need
to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive
arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order
to bring
to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them
to maintain and strengthen their institutions, cultures and traditions, and
to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes
to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples
to peace, economic and social progress and development, understanding and friendly
relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities
to retain shared responsibility for the upbringing, training, education and well - being of their
children, consistent with the rights of the
child, Considering that the rights affirmed in treaties, agreements and other constructive
arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive
arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right
to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used
to deny any peoples their right
to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative
relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States
to comply with and effectively implement all their obligations as they apply
to indigenous peoples under international instruments, in particular those related
to human rights, in consultation and cooperation with the peoples concerned,