The difference between Guardianship and Custody of a minor child is often times confused by many. Custody refers to the physical control and primary responsibility of well-being and daily care that a person has over a minor child, whilst Guardianship encompasses the full rights over the affairs of a minor including dealing with health, education needs, financial security or any welfare needs . A minor is any person under the age of 18.
The Constitution of Zimbabwe (Section 81 (2) ) provides that, “A child’s best interests are paramount in every matter concerning the child”. The guiding principle in all matters brought before the Courts involving a child, is the promotion of the child’s best interest at all times. In Zimbabwe, the Guardianship of Minors Act (Chapter 5:08) regulates the law regarding minors, in accordance with the provisions of the Constitution.
The process of applying for Guardianship of a minor child is a complex and intricate process, as it may involve the awarding of a minor child’s material well-being to third party, often times a person that is not the natural parent. Depending on the circumstances of each case, applications for Guardianship may be brought to the High Court (the upper guardian of all minors), or in the Magistrate’s Court sitting as a Children’s Court. Where the minor has no natural guardian (both parents are deceased) or tutor testamentary, an application for guardianship of the minor child is made to any Magistrate’s Court in terms of Section 9 of the Guardianship Act.
Specific requirements that must be met before guardianship can be awarded in the Magistrate’s Court will be briefly outlined below;
Requirements and process
- Affidavit by person applying for Guardianship stating the ground on which Application is made.
- 3 Supporting Affidavits from maternal relatives
- 3 Supporting Affidavits from paternal relatives
- Death Certificates of parents
- I.D of Applicant
- Adverts in the Herald and The Government Gazette
Upon enquiry into the matter by the Court, if satisfied that such appointment would be in the “best interests” of the child, Guardianship will be granted. After confirmation, a Certificate of Guardianship will be issued.
I have been taking care of my sister’s children for 10years .She is is SoothAfrica and does not come home nor support her children . I recently got a job in the UK and would like to go with them . What should I do ?