SAMUDZIMU v NGWENYA 2008 (2) ZLR 228 (H)

2008 (2) ZLR p228

Flynote

Family law – child – custody – rights of custodian parent – access rights of non-custodian parent – must follow child at his own expense – custodian parent not permitted to impede access rights of non-custodian parent – onus of proof in this regard – custodian parent relocating with children to another country – rights of non-custodian parent – must show that such relocation is not in the best interests of the children – need for possible variation of custody order in the future

Practice and procedure – parties – locus standi – "clean hands" – need for litigants to come to court with clean hands – not allowed to seek assistance of court if guilty of lack of probity or honesty