Joseph Mayiji Nyikosa has asked the court for an order that he is entitled to the custody of the child’s passport.
He also asked court for an order that the child, being South African, was entitled to live in that country without interference of the mother.
According to an affidavit in support of originating notice of motion filed in the Lusaka High Court principal registry on Monday, Nyikosa, a Zambian resident in South Africa, submitted that he married Zimba through customary law in 2007 and they subsequently lived together.
Nyikosa stated that in the same year, the couple was blessed with a boy child.
He stated that sometime in 2012, Zimba relocated to Zambia upon finding a job with Zesco and carried the child with her following an agreement that she would be taking him for holidays and would eventually join him in South Africa.
“In breach of the agreement, the respondent has refused or neglected to let the child visit the applicant despite several meetings being held with the family, who readily agreed that the child can be taken back to the Republic of South Africa,” read the affidavit in part.
Nyikosa submitted that Zimba had unreasonably and without just cause refused to hand over the child’s passport so that he could travel back to his country of origin.
Nyikosa stated that he had already secured and paid for his son’s school and upkeep.
Nyikosa stated that in the event that the child failed to travel back to his country, he would suffer loss as the money paid to the school authorities was non-refundable.
He submitted that it was in the interest of the child that he goes back to South Africa.
Nyikosa urged the court to grant him an order for possession of the passport and the son forthwith.
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