The Application of the Principle of the Best Interests of the Child in Custody Determination in Rwanda
2024 (English)Doctoral thesis, monograph (Other academic)
Abstract [en]
This thesis analyses the application of the principle of the child’s best interests in custody determination in Rwanda. Rwanda is undergoing different economic and social transformation stages. Divorce is at its peak at the moment and increasing. Policies and legislation designed to keep the sanctity of the marriage and family are in place but they have not been able to halt divorce. Divorce leads to the question of child custody. Rwandan law majorly provides for sole physical custody while the other parent retains visitation rights. Child custody invites the children’s rights and in particular the consideration of the best interests of the child in all matters concerning them. Thus, child custody as a matter concerning children requires that the decision-maker in a custody dispute considers their best interests in choosing a custodian and other custodial related decisions. The study conducts a comprehensive normative and institutional review to analyse the foundation of the application of the best interests. Empirical research is also done through case law analysis and face-to face interviews with the judges with an aim of acquiring insights of practical application of the best interests of the child in custody determination. Apparently, child custody determination happens in the divorce process, which divorce is only granted after proving the ground or fault as provided for in the Family Act. Divorce can be denied if the fault is not proven. The parents (parties) or even the court do not engage in the discussion on the best interests of the child before they are sure divorce will be granted. At the time of pronouncement of divorce, custody is also decided, at which point the best interests has not been assessed or considered. Thus, whereas the consideration of the best interests of the child has a firm basis in Rwanda’s legislation and policies, the procedure to effect it in custody proceedings is absent. As a result, its application remains questionable.
Place, publisher, year, edition, pages
Uppsala: Department of Law, Uppsala University , 2024. , p. 285
Keywords [en]
Application, Best interests, Child, Custody Determination
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-540166ISBN: 978-91-506-3075-6 (print)OAI: oai:DiVA.org:uu-540166DiVA, id: diva2:1905017
Public defence
2025-01-24, Brusewitzsalen, Östra Ågatan 19, Uppsala, 10:15 (English)
Opponent
Supervisors
Note
The public defence can also be followed digitally by Zoom:
https://uu-se.zoom.us/j/66570811840
2024-12-172024-10-112024-12-17