A Zambian court has ruled that a young boy should remain in the custody of his mother after concerns were raised about his treatment in his father’s home following the parents’ divorce.
The case, shared by Lusaka lawyer Dickson Jere, highlights how courts determine child custody disputes and the importance of prioritising the best interests of the child.
According to the case, a couple divorced in 2018 after their marriage broke down irretrievably. At the time, they had a seven-year-old son. The court granted both parents joint custody, with the child physically residing with his father while the mother was given liberal access and custody during school holidays.
However, circumstances changed after both parents remarried and settled in different towns.
During one school holiday visit to his mother, the boy refused to return to his father’s home. He alleged that his stepmother mistreated him by assigning him household chores such as washing plates and fetching water, while also making him feel unwelcome.
The child expressed a desire to remain with his mother and even missed school as a result of his refusal to return.
Concerned about her son’s wellbeing, the mother applied to the court seeking sole and physical custody. She argued that the child’s academic performance had declined and that his social interactions had changed significantly. According to her, the boy had become withdrawn and required counselling due to the emotional distress he was experiencing.
The father denied the allegations, insisting that his son was being properly cared for. He accused the mother of influencing the child against him and pointed out that another child of similar age was living comfortably in the same household.
To establish the facts, the court directed the Department of Social Welfare to conduct assessments of both homes and interview the child.
The assessment revealed that the boy loved both parents and wished he could live with both of them. However, he expressed fear of his stepmother and stated that he preferred staying with his mother unless his father was living alone.
The report further indicated that both parents were financially capable of providing for the child.
After reviewing the findings, the court ruled in favour of the mother and varied the original custody order.
In its judgment, the court emphasised that the guiding principle in all custody matters is the “best interest of the child.”
The court noted that while the father genuinely wanted custody and cared deeply for his son, the child’s fear of his stepmother created an environment that was not suitable for his wellbeing.
The judge observed that the child would likely have preferred living with his father if the stepmother was not part of the household arrangement.
As a result, the mother was awarded physical custody, while the father was granted access rights and custody during school holidays.
The court also stressed that custody battles should never be viewed as a contest between parents. Instead, the focus must always remain on the welfare, safety, emotional stability, and overall development of the child.
Legal experts say the case serves as an important reminder that Zambian courts have the authority to alter custody arrangements whenever circumstances change and can even remove children from both parents if it is determined that neither home serves the child’s best interests.
The matter was decided in the case of Chanda v Chanda (2017/HN/56) and continues to be cited as an example of how courts approach child custody disputes involving remarried parents and blended families.
