In Uganda, the welfare of the child is paramount when determining custody. This principle prioritizes the best interests of the child above all other considerations in legal decisions concerning custody. The application of the welfare principle ensures that the child’s rights and needs are given utmost priority.
Many parents are moving towards shared parenting arrangements to ensure both parents have meaningful involvement in the child’s life post separation or divorce. These evolving custody laws aim to promote the child’s well-being while recognising the rights and responsibilities of both parents, depending on the custody arrangement.
The rights generally include: visitation rights where if a parent does not have physical custody, they have the right to regular visitation with the child, which may include weekends and holidays. In cases where the relationship between the parents is soiled, a third party maybe involved such as a community development officer where the child is picked from. Parents also have a right to communicate with the child, and be informed and involved in the child’s activities, a right to access the child’s educational and medical records.
However, most citizens especially those in rural areas are not aware of the existence of such laws. A forty six year old business man from Namayingo, reached out to Mifumi helpline for legal advice on how he could obtain custody of his child following separation with his wife. He was educated on the different types of custody arrangements in Uganda; sole custody where one parent is granted the legal and physical custody of the child, and has the right to make all major decisions regarding the child. Joint custody on the other hand is the type where both parents share responsibility of making decisions about the child’s upbringing and welfare. These two types of custody are granted on court order after application by either one or both parents.
Custody by agreement, as another type was introduced by the amendment of the Children Act, cap.159. Here, the parents to the child agree on the terms of the custody of their child and it is written down in an agreement which is signed by both parties. “Most parents here are afraid of court and usually prefer mediation where they agree on how to raise their children”, Joseph, a legal officer at Iganga states.
On a later follow up call, Mr.Kabamba stated that he had come to a common understanding with the mother of his child and agreed on custody terms, with assistance from the probation and social welfare officer.
Veronica Akello
Digital legal officer.
MIFUMI
8/10/2024