Rise in custody battles worries High Court

Nyashadzashe Ndoro

Chief Reporter

In a concerning trend, the High Court of Zimbabwe is seeing a growing number of custody disputes and complex family dynamics, with a recent case highlighting the challenges of prioritising the best interests of minor children.

High Court judge Justice Neville Wamambo dismissed an urgent chamber application filed by a minor and her parents, seeking the return of their child from the father, Harry Manatsa, amidst a custody dispute between parents who were customarily married for three years before separating in 2017.

The judge cited the importance of considering the child's emotional and physical needs, but ultimately found that the applicants had not established a prima facie case, citing the child's enrolment in a good school and potential harm from moving between caregivers.

Justice Wamambo noted that the interests of the minor child should take precedence, but expressed concern over the increasing frequency of such cases, stating that the challenge faced in this case is appearing in a 'disturbing growing number of cases coming before the High Court'.

As Justice Wamambo stated, "Parents have an obligation to their minor children in a very broad form. Children look up to their parents for love, care, affection, shelter, food and upkeep among others. The children also expect their parents to be able to meet their school and tuition fees along with stationery and other everyday needs. It is expected of them to be able to sit down and map a smooth and amicable resolution on the choice of school and payment of school fees, buying school uniforms, stationery and other requirements."

While the statement highlights the significance of a child's emotional and physical needs, including the need for love and care from their parents, the judge ultimately found that the applicants had not established a prima facie case for the relief sought, citing that the minor child was enrolled at a relatively good school with good facilities and that moving the child from parent to grandparent or parent to parent may not be in the best interests of the child.

Furthermore, Justice Wamambo stated that the interests of the minor child should take precedence over those of the parents or grandparents, stating:

"The interests of the minor child are paramount. It is not the interests of the parents or grandparents that are of paramount importance."

The judge noted that the court is seeing a growing number of cases that involve similar difficulties or problems, such as: custody disputes between parents, disagreements over the care and well-being of minor children and complex family dynamics and relationships

The judge's use of the word "disturbing" implies that this trend is worrying or troubling, and may indicate a broader societal issue or problem that needs to be addressed.

"The challenge faced in this case appears to be appearing in a disturbing growing number of cases coming before the High Court."