Zimbabwe: High Court Reasserts Equal Parental Rights, Rejects Automatic Maternal Custody

What the report says

Zimbabwe’s High Court has ruled that custody disputes must be decided on the best interests of the child, not on any automatic preference for mothers. In a decision reported by New Zimbabwe and distributed by AllAfrica, Justice Catherine Bachi-Mzawazi, sitting in Chinhoyi, rejected Florence Muoni’s request for sole custody of her three minor children and said fathers are legally recognized as capable custodians under Zimbabwe’s amended guardianship law.

The case involved Muoni and Joseph Dzotizeyi, whose customary union ended in September 2024. The children had continued living with Dzotizeyi and his first wife, and the court found no basis to remove them from that setting. The judge said the children were settled in their current home environment, had formed a stable relationship with their stepmother and family, and were also attending boarding school, which weighed against changing their living arrangements.

The ruling reflects the Guardianship of Minors Amendment Act, 2022, which removed older provisions that had favored fathers as primary guardians and mothers as preferred custodians. The court emphasized that both parents should generally consult each other on guardianship matters, but that stability, continuity, and welfare remain central when deciding custody and access.

Muoni was granted access to the children during the first two weeks of each school holiday, while Dzotizeyi will retain access for the rest of the break. The court also directed that Muoni be consulted on guardianship decisions when necessary, but said the father’s decision would prevail if the parents cannot agree.