Overview
Child custody matters in Uganda are governed by the Children Act (Cap 59). The welfare of the child is the paramount consideration in all custody decisions.
Types of Custody
- Sole custody: One parent has full responsibility
- Joint custody: Both parents share responsibility
- Third-party custody: A relative or guardian is granted custody
Step 1: File an Application
File a custody application in the Family and Children Court. The application should include:
- Details of the child(ren)
- The current living arrangements
- Reasons why custody should be granted to the applicant
- A proposed care plan
Step 2: Social Welfare Report
The court will order a probation and social welfare officer to investigate and prepare a report on:
- The home environment of both parents
- The child's wishes (if old enough to express them)
- The relationship between the child and each parent
- The ability of each parent to provide for the child
Step 3: Court Hearing
Both parents present their case. The court considers:
- The best interests of the child
- The child's age and sex
- The child's wishes and feelings
- The capability of each parent
- Any risk of harm to the child
Step 4: Court Order
The court makes an order for custody, which may include:
- Who the child will live with
- Access/visitation rights for the other parent
- Maintenance obligations
Important Notes
- Custody orders can be varied if circumstances change
- Denial of access to the non-custodial parent is a contempt of court
- The court may appoint a guardian ad litem for the child
