Mangwendengwende v Chirisa (144 of 2024) [2024] ZWHHC 144 (10 April 2024)

Mangwendengwende v Chirisa (144 of 2024) [2024] ZWHHC 144 (10 April 2024)

The application for custody is premature as neither party has complied with the counselling requirement ordered in the previous judgment; however, due to ongoing absenteeism from school and in the best interests of the children, the applicant is granted authority to enroll the children in boarding school pending completion of counselling and submission of a psychologist's report.

Citation
[2024] ZWHHC 144
Parties
Applicant: Pisirayi Mangwengwende; Respondent: Prudence Chirisa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
10 April 2024
Case Number
144 of 2024
Procedural Posture
Urgent Court Application / Interlocutory Application for Variation of Custody Order
Outcome
Application for custody not granted; interim orders issued regarding schooling and documentation.
Legal Topics
Custody Variation, Best Interests of the Child, Compliance With Court Orders, Counselling Requirements
Source Language
English
Family Law Child Custody Custody Variation Best Interests of the Child Compliance With Court Orders Counselling Requirements

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Parties

Pisirayi Mangwengwende

Applicant

Prudence Chirisa

Respondent

Procedural Posture

Urgent Court Application / Interlocutory Application for Variation of Custody Order

Legal Issues

  1. 1 Whether the respondent's conduct justifies variation of custody
  2. 2 Whether the application is premature due to non-compliance with counselling requirements
  3. 3 Whether the best interests of the minor children require immediate intervention

Ratio Decidendi

The application for custody is premature as neither party has complied with the counselling requirement ordered in the previous judgment; however, due to ongoing absenteeism from school and in the best interests of the children, the applicant is granted authority to enroll the children in boarding school pending completion of counselling and submission of a psychologist's report.

Court Disposition

Application for custody not granted; interim orders issued regarding schooling and documentation.

Orders

  • Application for custody is not granted as premature.
  • Applicant granted authority to enroll the three minor children in boarding school from second term 2024.