8.7 Guardianship and Custody

The guardianship's conflict (the ward's personal law (the minor's domicile/nationality) — the guardian's appointment-and-powers); the custody's jurisdiction (the habitual residence's modern base); the foreign custody orders' recognition (the comity's respect (the best-interests' examination)); the Nepali practice (the custody's cross-border disputes (the courts' best-interests craft — the foreign orders' persuasive respect)). Exam Focus Long questions (the unit is the children's bank): (i) The adoption's conflict rules (the dual-law + the intercountry machinery — the banker); (ii) The custody-and- abduction's jurisdiction (the habitual residence's craft). Short questions: the favour legitimitatis; the legitimation's split; the subsidiarity principle; the Hague Abduction Convention. Trick areas: (i) The children's field's master principle = the BEST INTERESTS (the field's whole logic); (ii) The modern jurisdictional base = the HABITUAL RESIDENCE (not the domicile — the instruments' convergence); (iii) The adoption needs BOTH laws' compliance (the adopter's + the adoptee's) — the one-law error; (iv) The subsidiarity = the DOMESTIC solutions first (the intercountry the last resort); (v) Nepal's intercountry- adoption history = the openings-and-suspensions (the policy's honesty).