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
This is precisely and concisely good. I wish you went deeper! Can court grant custody to the mother or a father and order maintenance against the other parent?
Good morning Mr.Onyuk,
Thank you for the comment.
yes, court can grant custody to one parent(for instance the mother) and maintenance order to another(father).
Maintenance order is usually granted to the parent with a better financial status.
Thank you for this simplicity however
Is this type of custody allowed in embassy (can it be used for travel purposes)
Because one embassy refused this type of custody asked me to bring one from child court .thanks
Hello Eseza,
This type of custody is allowed for travel purposes. It is important to have everything in writing from both parents and have it notarized.
Notarization means that the agreement has been verified by court to be authentic and legal.
Your agreement may have been denied because it had not been verified by court.
I have enjoyed this story of custody of the child
Thank you Sam.
Thank you Sam.
Dear Veronica,
This happens a lot in Bukwo however the men always leave the children to the women.And can we make sure the comply after the agreement
Hello Ruth,
It is unfortunate that the men abandon their responsibility . After the agreement, one can use the assistance of the probation and social welfare officer of their district. This is because a probation officer is among the witnesses to that agreement.
There is a mother in Namayemba village ,kapyanga sub county, Bugiri district left a child of 4yrs after 10yrs she came back criming for the custody is it true that she can be granted
I men always violate the agreement. What do we do
Very true, men always abandoned there children to women
It’s true in most families men have really abandoned children and have left all responsibilities for women
Let’s learn that men should also take responsibilities in their families for better set up of children
In all coming to the common goal for the good of a child could be right way to go.
For sure it’s an interesting conversation
Both parents must have agreed custody for the well-being of their children
Thanks very much we didn’t know much about child custody.
Incase a woman wants to separate with the husband and she’s will equipped with the income, is she allowed to request for sole custody
It is so good boh parents stay with children
Hello Betty,
Yes, the woman can be granted custody.
It is not limited to only the father. The best interests of a child are considered before coming to a conclusion.
Thanks madam Veronica for the good answer to Betty please let us keep asking questions and active