Philemon Maradzika was yesterday stunned after magistrate Mr Milton Serima dismissed his application as “silly”.
Maradzika produced a letter from the children’s headmaster, teacher and another one from a police officer as evidence to support his application.
The three letters indicated that the children go to school dirty and very hungry and they were being ill-treated by both parents.
“We can cause your arrest, both of you for ill-treating your children and you would be answering these questions from the magistrate court’s dock.
“What is missing from evidence you produced is another letter from the probation officer and the children will be taken away from you.
“These children were very unfortunate to be born of you, you are very irresponsible both of you,” Mr Serima said.
Mr Serima ordered that custody of the children remain with the mother under supervision.
In his application Maradzika told the court that he wanted the custody of two minor children aged six and 10.
“The children are not staying with the mother, they are with their grandmother.
“Their grandmother delays the children to school every day when she orders them to fetch water first for her cooking business.
“I received several complaints from the school concerning the children and they later wrote to me those letter,” he said.
In response the mother of the children, Juliet Cheza, told the court that she was looking after the children alone for the past five years.
“He left me five years ago and he is now bitter because two months ago he was ordered to pay US$40 as maintenance fee,” she said.
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