Buyanga challenges ex girlfriend's bid to regain child custody

Buyanga challenges ex girlfriend's bid to regain child custody
Published: 18 August 2019 (79 Views)
BUSINESSMAN Frank Buyanga has challenged his ex-girlfriend's bid to return their child to her saying she has been unable to find suitable and stable accommodation for the four-year-old boy.

Buyanga and his ex-girlfriend Chantelle Muteswa have been embroiled in a prolonged row over the guardianship of the minor child.

The ex-girlfriend is challenging an ex-parte ruling that gave Buyanga full custody of the boy, called Daniel. The courts extended the father's access rights while the mother sorted her accommodation issues.

This comes after the mother, who stayed with her father, moved house after her father Lawrence Muteswa lost their Glen Lorne home over an agency debt. Buyanga demanded that Muteswa's home be assessed to ascertain if it is suitable for habitation by the boy while he stays with Daniel.

Muteswa has now sought, in the High Court, the return of the minor child to her within 12 hours of Buyanga being served with the order.

Buyanga said in his notice of opposition: "I submit that the change of address by the respondent raised concerns that directly impact the well being of the child. This is exacerbated by the fact that the respondent relies on her father Lawrence Muteswa for accommodation who has publicly proclaimed he no longer has a place to sleep. The circumstances endanger the minor child's welfare."

Buyanga further argued that Muteswa was unemployed and struggling to meet the child's needs.

"The child often complains that there is no food, electricity or water when the child visits me and has adopted a hoarding habit which my staff members can attest to before this court," Buyanga said in his court papers.

Muteswa claimed that Buyanga had the propensity to deprive her the right to see the child by taking him to South Africa. She has also challenged having her current residence investigated, citing privacy rights.

"The applicant's claim that the child may be taken to South Africa if this application is not granted is unfounded as she remains in possession of the minor child's passport. It is impossible for me to travel with the child even if I wanted to," he argued.

Muteswa, according to Buyanga, contemptuously violated two court orders ordering her to surrender his son's passport.

In June, Muteswa approached the High Court seeking an order proscribing Buyanga from taking Daniel to his Johannesburg base.

Muteswa went to the High Court in June and obtained an order barring Buyanga from taking the child out of the country.

Buyanga, through Advocate Thabani Mpofu, has lodged an appeal against that ruling before Justice Jacob Manzunzu.

Mpofu raised procedural flaws in the manner the application was filed. He also challenged assertions by Muteswa that access to the child can only be exercised in Zimbabwe, and that taking him out of the country was in the best interests of the child.

- dailynews

Tags: Buyanga,
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