Online Reporter
Tendai Gukutikwa
Weekender Reporter
AN estranged Mutare couple is embroiled in a bitter custody battle over their six year old child with a disability.
The father, Julius Mtetwa, alleges that his wife, Caroline Manyuchi, neglects the child by locking her inside the house all day while she is at work, and is refusing to grant him custody.
The dispute was heard before Chief Mutasa’s community court recently, where Mtetwa accused Manyuchi of endangering the child, who cannot walk or speak.
He told the court that he fears for the child’s safety and well being, claiming she is left alone without supervision.
“The child cannot walk or talk, yet she is left alone in the house. There is no one to help her go to the toilet or give her food. I am a responsible father and I want custody so that I can properly look after my child,” said Mtetwa.
The couple has four children.
Two live with Mtetwa, while Manyuchi stays with the other two, including the child with a disability.
Mtetwa said he had tried to take custody of the child, but was blocked by Manyuchi, who threatened to sue him.
“I have asked her to let me take the child so I can look after her properly, but she refuses. She says she will take legal action against me. I do not understand why she is blocking me when I am willing to help,” he added.
He further revealed that the six year old does not have a birth certificate, raising concerns about access to medical care and social services.
“I want to make sure my child gets proper documentation and medical attention. Without a birth certificate, it becomes difficult,” said Mtetwa.
Manyuchi, however, dismissed the allegations of neglect.
She told the court she is doing everything possible under difficult circumstances.
“I am not abusing my child. I am the one who carries her every day because she cannot walk. I feed her and clean her. If I go to work, it is because I need money to take care of the children. Yes, sometimes I leave her locked inside the house, but only for a few hours while I am looking for money to feed her,” she explained.
She admitted that she had sought medical assistance for the child but was unable to continue with recommended therapy due to financial constraints.
“I went to the hospital and spoke to speech therapists. They told me to bring US$20. I do not have that money. If I do not work, how will I provide for them?” she said.
Manyuchi also told the court that existing protection orders between her and Mtetwa made communication difficult.
The couple is bound by mutual protection orders barring them from engaging in violence against each other, following previous allegations of physical abuse.
“I was afraid to contact him because of the protection order. I did not want to be accused of violating it,” she said.
Chief Mutasa clarified that protection orders do not prevent parents from communicating about their children’s welfare.
“A protection order does not stop you from discussing the needs of your child. The child’s welfare must always come first,” he said.
He expressed concern over the allegations, describing it as deeply troubling if the child was indeed being left alone without supervision.
“A six-year-old who cannot walk or talk cannot be left alone in a locked house. That amounts to mental torture. If both of you fail to take proper care of this child, Government authorities will intervene under the Child Protection Act,” said Chief Mutasa.
He warned that continued failure to prioritise the child’s best interests could result in the child being removed from both parents.
“The law is very clear. When parents fail, the State steps in. Do not allow your personal disputes to cost you your child,” cautioned Chief Mutasa.
He advised Mtetwa to seek custody through the civil courts if he believes he can offer better care.
“If you want custody, follow the proper legal channels. Apply through the Civil Court and show that you are capable of providing the necessary care,” he said.
The custody dispute is the latest development in a troubled 13-year marriage that has previously played out before the same traditional court.
In earlier proceedings, Mtetwa accused Manyuchi of physically and emotionally abusing him, alleging that she had been convicted and jailed for assaulting him.
He claimed she had destroyed his academic certificates and personal documents and publicly humiliated him.
Manyuchi denied those allegations, accusing Mtetwa of attempting to tarnish her reputation.
She insisted that she had remained focused on caring for the children since their separation.
At the time, Chief Mutasa urged both parties to seek counselling and medical assistance for their personal grievances, warning them against publicly humiliating each other.
With the focus shifting to the welfare of their vulnerable child, Chief Mutasa stressed that children must never be caught in the crossfire of marital conflict.
“You may have failed as husband and wife, but do not fail as parents. This child depends entirely on you,” he said.
The matter was adjourned to allow Mtetwa to consider pursuing formal custody proceedings and for both parents to reflect on arrangements that safeguard the child’s welfare above all else.
