EA v IC AR (Matrimonial Cause 1 of 2016) [2018] MWHC 1033 (7 September 2018)

EA v IC AR (Matrimonial Cause 1 of 2016) [2018] MWHC 1033 (7 September 2018)

The petitioner engaged in a sustained scheme of parental alienation, manipulating the children against their mother, which is not in their best interests. The respondent is equally capable of caring for the children. The best interests of the children require that custody remain with the respondent, with the petitioner having visitation rights.

Citation
[2018] MWHC 1033
Parties
Petitioner: EA; Respondent: IC; Co Respondent: AR
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
7 September 2018
Case Number
Matrimonial Cause 1 of 2016
Procedural Posture
Matrimonial Cause / Final Order on Custody After Dissolution of Marriage
Outcome
Custody granted to respondent; petitioner granted visitation rights.
Legal Topics
Child Custody, Parental Alienation, Best Interests of the Child, Visitation Rights, Domestic Violence Allegations
Source Language
English
Family Law Child Law Child Custody Parental Alienation Best Interests of the Child Visitation Rights Domestic Violence Allegations

Case Brief

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Parties

EA

Petitioner

IC

Respondent

AR

Co Respondent

Procedural Posture

Matrimonial Cause / Final Order on Custody After Dissolution of Marriage

Legal Issues

  1. 1 Who should have custody of the children after dissolution of marriage?
  2. 2 What is the impact of parental alienation on custody determination?
  3. 3 How should the wishes of the children be weighed in custody decisions?

Ratio Decidendi

The petitioner engaged in a sustained scheme of parental alienation, manipulating the children against their mother, which is not in their best interests. The respondent is equally capable of caring for the children. The best interests of the children require that custody remain with the respondent, with the petitioner having visitation rights.

Court Disposition

Custody granted to respondent; petitioner granted visitation rights.

Orders

  • Respondent to have full custody of the children.
  • Petitioner to have visitation rights on a fortnightly basis.