Man fears child may not get education, demands custody

Written by on January 30, 2019

Ceasar Mbewe writes

A man of Mufulira Township has told Kanyama local court that he could not continue to let his child to be kept by his ex-girlfriend because she did not want the child to go to school and that he was demanding full custody.

Facts before the court are that the two were in a relationship in 2014, have one child and damage was partially paid.

Adrian Phiri, 31, sued his ex-girlfriend Betty Ngoma, 30, of Kalingalinga Township in Lusaka for full custody on grounds that she  did not want their child to go to school and that she was irresponsible.

Phiri narrated that Ngoma could not pay school fees despite him sending her the full amount of all the requirements needed for a child to start school.

He said he could not continue to let Ngoma fail to take the child to school because she diverts the money to feed her extended family. 

He said he was no longer interested in her keeping the child because the child will not go to school should he continue to live with his mother.

Phiri told the court that he could not be at peace knowing his child is not going to school because his mother has a big family to feed.

He said he could not continue to let Ngoma continue to keep the child and he wanted full custody.

 “Your honor I want full custody of the child because I’m afraid he may not go to school if he continues to live with his mother,” Phiri said.

In her defense Betty said she was not ready to have the child taken from her as the child is too young to live without his mother and that the reason she hesitated to take the child to school was because the money Mr. Phiri was sending was not enough as good schools in Lusaka were expensive.

She said that the child was now in school because she found a cheaper unlike the school his father wanted him to attend.

She added that the reason why her ex-boyfriend wanted to take the child was because he was angry that last year on   December 27, 2018 she had to take him to court to support his own child.

In passing judgement magistrate Matakala did not grant custody because it was too early for Mr. Phiri to counter sue.

Judge Matakala advised Mr. Phiri to be patient and observe how the first term of school would go for the child.

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