Minezhi v Boora (HC 8559 of 2019; HH 201 of 2020; Ref 6873 of 2019; Ref HC 7838 of 2019) [2020] ZWHHC 201 (5 March 2020)

Minezhi v Boora (HC 8559 of 2019; HH 201 of 2020; Ref 6873 of 2019; Ref HC 7838 of 2019) [2020] ZWHHC 201 (5 March 2020)

The applicant failed to justify an award of sole guardianship and sole custody, but as the de facto custodian and in the absence of evidence that relocation is against the child's best interests, she is awarded guardianship and authorised to relocate with the minor child without the respondent's consent.

Source-derived case information.

Citation
[2020] ZWHHC 201
Parties
Applicant: Memory Minezhi; Respondent: Boyland Boora
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
5 March 2020
Case Number
HC 8559 of 2019 ; HH 201 of 2020 ; Ref 6873 of 2019 ; Ref HC 7838 of 2019
Procedural Posture
Opposed Application / Judgment
Outcome
Application for sole guardianship and sole custody dismissed; guardianship and leave to relocate granted.
Legal Topics
Guardianship, Custody, Relocation of Minor, Best Interests of the Child
Source Language
english
Family Law Child Law Guardianship Custody Relocation of Minor Best Interests of the Child

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Summary, issues, holding and outcome

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Parties

Memory Minezhi

Applicant

Boyland Boora

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether the applicant should be awarded sole guardianship and sole custody of the minor child
  2. 2 Whether the applicant is entitled to relocate with the minor child without the respondent's consent

Ratio Decidendi

The applicant failed to justify an award of sole guardianship and sole custody, but as the de facto custodian and in the absence of evidence that relocation is against the child's best interests, she is awarded guardianship and authorised to relocate with the minor child without the respondent's consent.

Court Disposition

Application for sole guardianship and sole custody dismissed; guardianship and leave to relocate granted.

Orders

  • Applicant awarded guardianship of Junior Minezhi born 19 July 2016.
  • Applicant authorised to travel and reside in any country outside Zimbabwe with the minor child without respondent's consent.