Man withholds child's birth certificate to block maintenance claim

A Harare woman, Madeline Zviba, has successfully obtained a protection order against her ex-husband, Lust Machika, who had been withholding their child's birth certificate to avoid paying maintenance.

Zviba told the court that Machika's refusal to release the document had frustrated her efforts to secure financial support for their child. She alleged that each attempt to retrieve the certificate was met with harassment and intimidation.

"He told me clearly that as long as the certificate is with him, I will never be able to take him to court for maintenance. I am suffering, and our child is suffering because of his actions," Zviba said.

The mother explained that the ongoing dispute almost prevented her child from enrolling for the new school term, leaving her frustrated and fearful. "I just want him to take responsibility as a father. This fight is not about me or him; it's about our child having a better future," she said.

Machika admitted to keeping the birth certificate but denied assaulting or harassing Zviba. He told the court he was withholding the document because he did not trust her to use it responsibly. "I am the father of the child, and I have the right to keep the certificate. I have never assaulted her, but I will not hand over the document until I am certain it will be used properly," he said.

Magistrate Ashton Dube criticised Machika for obstructing Zviba from accessing the legal process for maintenance, stressing that withholding the birth certificate violated the child's rights. The magistrate emphasised that both parents have a legal and moral duty to provide for their child, regardless of personal differences.

Machika was ordered not to disturb Zviba in any way, and the court highlighted that the birth certificate is a vital document essential to the child's welfare and future.