News / National
Court victory for mum blocked from seeing child
03 May 2018 at 06:57hrs | Views
A GWANDA woman has dragged her ex-husband to court for denying her access to their five-year-old daughter who is staying with his parents.
Ms Nobuhle Sibanda (24) of Jahunda Suburb said Thamsanqa Ncube (27) was granted custody of the child and was ordered to grant her reasonable access to the child but he was now not allowing her to see or spend time with the child.
She begged the court to grant her custody of the child saying her ex-mother-in-law was now too old to take care of the child. "I was in a customary law union with Ncube for four years and we separated in 2016. He was granted custody of the child while I had reasonable access.
Ncube is now denying me access to the child.
"I'm a responsible mother as I take care of my child's needs and I don't know why he is keeping my child away from me. The child is staying with her paternal grandmother at her rural home but she is now too old to take care of the child", she said.
Ms Sibanda said she was also concerned as her ex-husband was planning to marry another woman which could expose her daughter to harsh treatment.
She said it was important for her daughter to stay with her biological mother. She said Ncube was employed in South Africa and was away most of the time leaving the child with the grandmother.
In response Ncube said he was denying his ex-wife access to the child because she was staying with her mother and brother who were abusive to the child.
Presiding over the matter Gwanda magistrate, Mr Obedience Matare granted Ms Sibanda custody of her daughter. He also granted Ncube right of access to child during school holidays upon prior arrangement.
He ordered Ncube to immediately release the child to her mother or police would intervene if he resisted.
Mr Matare said it was improper for the child to stay with her grandparents while both biological parents were alive and well. "Where both parents are still alive then one of the parents can stay with the child unless there are compelling reasons. In this case both parents are alive. The reality is that the child is staying with her grandparents although on paper she is under the custody of the father.
"The father is only providing material things for the child but can't attend to her daily needs as he works in South Africa. Ncube said the child's maternal relatives are abusive but there is no evidence to support that," he said.
Ms Nobuhle Sibanda (24) of Jahunda Suburb said Thamsanqa Ncube (27) was granted custody of the child and was ordered to grant her reasonable access to the child but he was now not allowing her to see or spend time with the child.
She begged the court to grant her custody of the child saying her ex-mother-in-law was now too old to take care of the child. "I was in a customary law union with Ncube for four years and we separated in 2016. He was granted custody of the child while I had reasonable access.
Ncube is now denying me access to the child.
"I'm a responsible mother as I take care of my child's needs and I don't know why he is keeping my child away from me. The child is staying with her paternal grandmother at her rural home but she is now too old to take care of the child", she said.
Ms Sibanda said she was also concerned as her ex-husband was planning to marry another woman which could expose her daughter to harsh treatment.
She said it was important for her daughter to stay with her biological mother. She said Ncube was employed in South Africa and was away most of the time leaving the child with the grandmother.
In response Ncube said he was denying his ex-wife access to the child because she was staying with her mother and brother who were abusive to the child.
Presiding over the matter Gwanda magistrate, Mr Obedience Matare granted Ms Sibanda custody of her daughter. He also granted Ncube right of access to child during school holidays upon prior arrangement.
He ordered Ncube to immediately release the child to her mother or police would intervene if he resisted.
Mr Matare said it was improper for the child to stay with her grandparents while both biological parents were alive and well. "Where both parents are still alive then one of the parents can stay with the child unless there are compelling reasons. In this case both parents are alive. The reality is that the child is staying with her grandparents although on paper she is under the custody of the father.
"The father is only providing material things for the child but can't attend to her daily needs as he works in South Africa. Ncube said the child's maternal relatives are abusive but there is no evidence to support that," he said.
Source - chronicle
