In any custody proceeding, the welfare of the minor children is of paramount consideration. Neves v. Neves, 41 Haw. 612; Pacleb v. Pacleb, 42 Haw. 300; Estrella v. Estrella, 43 Haw. 210; Gillespie v. Gillespie, 40 Haw. 315; Dela Cruz v. Dela Cruz, 35 Haw. 95. "Unless a mother is clearly unfit, the interests of children of tender years are usually best served by leaving them in the care of their natural mother." Pauole v. Pauole, 40 Haw. 312, 314; Daitoku v. Daitoku, 39 Haw. 276; Fernandes v. Fernandes, 32 Haw. 608; Re Thompson Minor, 32 Haw. 479.
It is needless to cite all the decisions of this court, both before and after the Gillespie case, holding that the welfare of children is of paramount consideration in awarding or altering the custody of children. However, the most recent cases of Neves v. Neves, 41 Haw. 612 (decided March, 1957), and Pacleb v. Pacleb, 42 Haw. 300 (decided February, 1958), both hold that in awarding the custody of children in case of divorce, there is no general rule applicable to all cases other than the rule to the effect that the welfare of the children is of paramount consideration and that each case must be decided upon its own facts. The decision of Gillespie v. Gillespie is not contrary to the court's numerous holdings as stated above.
Most of them involve cases where this court refused to disturb the order of the court below regarding the custody of children. As stated in the latest decision, Neves v. Neves, 41 Haw. 612, "There is no general rule applicable to all cases other than the rule to the effect that the welfare of the children is of paramount consideration. Each case must be decided upon its own facts.