This archive report was first published on 16 October 2019.
On October 16, 2019, a father reached out to a legal expert with concerns about his partner's ability to care for their four-year-old son.
He had paid the child's third-term school fees and was worried that his partner would leave their son with her sister or mother while she pursued her career.
Equal Parental Responsibility ¶
Article 53 of the Constitution states that both parents have equal parental responsibility, regardless of their marital status.
This means that no parent can claim superior parental responsibility over the other, unless a court advises otherwise.
The Best Interest of the Child ¶
When it comes to matters of children, the principle of 'the best interest of the child' takes precedence.
In this case, the father is seeking custody of his son, but the mother has an equal chance of being granted custody.
Custody Proceedings ¶
Either parent can apply for custody of the child, but they must demonstrate that they have been living with the child for at least three months prior to the application.
Alternatively, the other person must have had permission from the parent or guardian to care for the child.
Dispute Resolution Mechanisms ¶
Before proceeding to court, it is recommended that the parties involved pursue other dispute-resolution mechanisms, including traditional ones.
These mechanisms can help resolve the issue amicably and in the best interest of all parties concerned, including the child.
