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Tanzania decisions
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The trial court's failure to comply with mandatory mediation procedures before hearing the case, failure to properly consider the Social Inquiry Report and the child's wishes, and failure to uphold the best interests of the child rendered the proceedings and ruling void ab initio.
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The High Court nullified a juvenile custody decision for failure to follow mandatory mediation and social inquiry procedures, and ordered retrial with interim custody to the mother.
The trial court correctly prioritized the best interest of the child by granting supervised access to the respondent, as there was no evidence of harm or psychological risk to the child. The social inquiry report was properly relied upon, and the respondent's absence was explained by legal circumstances rather than intentional neglect. The appeal lacked merit and was dismissed.
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The appellant failed to prove on a balance of probabilities that the best interests of the child required a change in custody. The trial court considered the relevant legal principles, the Social Inquiry Report, the child's wishes, and the continuity of care. No evidence was adduced to show the child was in danger or that his best interests were jeopardized by remaining with the respondent. The appeal lacked merit and was dismissed.
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The Juvenile court was not bound to order a social inquiry report as it is discretionary; the best interest of the child was considered, prioritizing health, continuity, and access to medical care over abrupt changes in custody.
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The trial court's maintenance order was invalid because it was made without a proper social inquiry report and without adequate consideration of the parties' actual means, violating mandatory statutory requirements.
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The trial court took a holistic approach, considering the social inquiry report, evidence, and submissions. The report fulfilled its statutory purpose, and the maintenance order was reasonable given the respondent's financial capacity. The appellant failed to prove neglect or entitlement to arrears and school fees.
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The trial court erred by failing to order a social inquiry report to objectively assess the financial capacity of both parents before issuing a maintenance order; this omission rendered the maintenance order unsustainable.
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The trial court properly considered the Social Inquiry Report and the child's clearly expressed wishes, as required by law, and did not err in denying access to the appellant; the child's age and circumstances justified reliance on her views, and the best interests of the child were upheld.
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