Automated Summary
Key Facts
The court ruled on a child custody application between Joel Claude Colange (petitioner) and Pharis Chikachi (respondent) regarding their son Cholwe Caleb Colange, born November 2004. The respondent, who has been in custody of the child and financially responsible for his Kafue school fees since birth, was granted custody. The petitioner, unemployed since 2007 and a French national, admitted the respondent's superior financial stability and sought only reasonable access to the child. The court emphasized the child's best interests, noting the petitioner's inability to care for the child and the respondent's established role in his upbringing.
Issues
- The court had to determine custody of the child Cholwe Caleb Colange under the Matrimonial Causes Act, considering the financial stability of the respondent, the petitioner's lack of employment since 2007, and the child's current schooling in Kafue with the respondent.
- The petitioner requested reasonable access to the child, which the court granted as the respondent did not oppose the request, and the child's best interests supported maintaining the current custody arrangement with access rights.
Holdings
- The court grants custody of the child, Choolwe Caleb Colange, to the respondent, Pharis Chikachi, as it is determined that she is better suited to care for the child. The petitioner, Joel Claude Colange, is not employed and lacks the financial means to provide for the child's needs. The child has been living with the respondent and attending school in Kafue, and changing custody is not in the child's best interest.
- The court makes no orders as to costs in this case.
- The court orders that the petitioner shall be allowed liberal access to the child, ensuring continued contact with the petitioner despite the custody decision. No costs are ordered as part of the ruling.
Remedies
- The court made no orders regarding the costs of the case.
- The court granted custody of the child, Choolwe Caleb Colange, to the respondent, Pharis Chikachi, due to the petitioner's lack of employment and financial instability.
- The court further ordered that the petitioner, Joel Claude Colange, be allowed liberal access to the child, Choolwe Caleb Colange.
Legal Principles
The court applied the principle that the welfare of the child is paramount in custody decisions, in line with Article 3 of the Convention on the Rights of the Child. This principle requires that all decisions regarding the child's custody consider their best interests holistically, not just financial factors.
Cited Statute
Matrimonial Causes Act, No. 20 of 2007
Judge Name
Mr. Justice M. L. Zulu
Passage Text
- The best interests of the Children principle does not only look at the financial standing of the parties, their status or what they can provide but demands that the children's best interests be considered holistically.
- From the foregoing, I am satisfied that the Respondent is better suited than the Petitioner to have Custody of Choolwe Caleb Colange. Accordingly, I grant the Respondent Custody the Child. I further order that the Petitioner shall be allowed liberal access to the Child. I make no orders as to costs.
- From the evidence on record and submissions made by counsel for the parties, it is not in dispute that the Petitioner is not working and lacks the means to take care the Child of the family, Choolwe Caleb Colange. The Petitioner has specifically averred in his affidavit in opposition of summons for an order of Child Custody, that the Respondent is more financially stable than him. The evidence on record is that the Petitioner does not want Custody of the Child. All the Petitioner prays for is reasonable access to the Child.