Child Custody

Child Custody in Rwanda

Child custody in Rwanda is governed by Law N° 32/2016 of 28/08/2016 governing persons and family (as amended by Law N° 001/2020 of 20/02/2020), prioritizing the best interests of the child.

Legal Framework for Custody

Under Article 243 of Law N° 32/2016:

Custody of children is awarded to the spouse who obtains divorce

The other spouse has rights to visit, talk to, or be visited by children

The judge determines appropriate modalities for these rights

Court Discretion

The court may order that custody be granted to:

The spouse who lost the case (if in child's interest)

Any other third party

Shared between both spouses if in children's best interests

Important: These measures are always provisional and may be revoked upon application by any interested party.

Best Interest of the Child

This refers to factors considered to prevent prejudice to the child's rights, especially regarding:

Care and education

Physical safety

Emotional well-being

Educational needs

Relationship with both parents

Types of Custody

1. Sole Custody

One parent has primary responsibility

Other parent has visitation rights

2. Shared Custody

Court may order if in children's best interests

Both parents share responsibilities

Custody Process

1. Parents attempt agreement

Mediation if needed (Abunzi for lower value disputes)

Court application if unresolved

Investigation by social services

Court hearing and decision

Custody order issued (provisional, can be modified)