WOMAN, WHO MOVED OUT OF HER MATRIMONIAL HOME, DENIED FULL CUSTODY OF KIDS

A WOMAN, who moved out of her matrimonial home in March last year and never disclosed her whereabouts, will not enjoy full custody of her minor children.

Chidochemoyo Sibanda accused her husband, Hugh Sibanda, of physical and emotional abuse, which forced her out of the marriage.

After Chidochemoyo left, Hugh applied and was granted custody of the two children whom he intended to enrol at Peterhouse Group of Schools.

In convincing the children’s court, Hugh claimed Chidochashe was leaving the children with third parties while she travelled to fend for them.

One of the children had a burn on the forehead, sustained while the mother was away.

However, Chidochashe, who is only limited to reasonable access to her children, said the burn was accidental while denying being irresponsible.

The two are now battling for custody as well as finalising their divorce.

Through her lawyers, Chidochashe has approached the High Court appealing against the decision to grant custody of the children to Hugh.

It is her argument that the Children’s Court erred and grossly misdirected itself when it considered the custody application.

She claimed the court failed to consider her personal circumstances and that there were pending divorce proceedings between the pair.

“The court a quo ignored and or paid lip service to the personal circumstances listed by Chidochashe as contained in her opposing affidavit a quo, resulting in a ruling which does not accord with substantial justice and fails to look out for the best interests of the minor children.

“The court a quo erred and grossly misdirected itself in failing to find as it ought to have done that Hugh was not a suitable candidate to be awarded custody of the two minor children in issue due to the uncertainty of his availability as a parent for as long as the admitted fraud criminal trial proceedings against him remain unterminated,” submitted Chidochashe.

Justice Fatima Maxwell and Samuel Deme’s ruled that Chidochashe’s submissions had no merits.

However, her appeal partially succeeded as follows:

“The appeal against the grant of custody to Hugh be and is hereby dismissed.

“The appeal against the granting of reasonable access to Chidochashe succeeds.

“Chidochashe be and is hereby allowed reasonable access to the children every alternate weekend and every alternate holiday.”

Divorce proceedings are still pending.