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Harare High Court
Masike W Mazhowu v Mabika J Nyaradzo
HH 75-24
Case Details
Court
Harare High Court
Date
22 February 2024
Citation
HH 75-24
Neutral Citation
[2024] ZWHH 75
Outcome
unknown
Case Type
Application
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Family LawChild Custody
Keywords
access rightsinternational travelminor childdual citizenshipdeclarator
Tags
child custodyaccess rightsinternational traveldeclaratory order
legislation
Statutes Cited
- Guardianship of Minors Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can use declaratory order to interpret access rights as including international travel","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks declaration that access includes UK travel"}
- {"issue_text":"Whether access rights in divorce order include taking child outside Zimbabwe","issue_type":"mixed","dispositive":"no","related_facts":"Order mentions alternative school holidays but not international travel"}
- {"issue_text":"What procedure should be used to vary custody/access arrangements","issue_type":"procedural","dispositive":"yes","related_facts":"Guardianship of Minors Act provides for enquiry process"}
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background
Facts of the Case
Background
The parties divorced in 2019 with custody awarded to respondent and access to applicant. Applicant, a dual citizen resident in UK, sought declaratory order that his access rights include taking minor child to UK during holidays. Respondent opposed, arguing this was disguised variation application using wrong procedure.
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