Divorce: How children are paying the hard price in some communities

By Leah Malimbasa:

Joyce Maliko from Mastade Village, Traditional Authority Lundu in Chikwawa district is a symbol of the countless challenges faced by many single mothers in the country.

At the age of 27, Maliko has already been divorced twice with three children to look after all alone.

“I have three children; two from the first marriage and one from the second marriage which ended last year,” she explains.

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The three children are all aged below 10 and each day the single mother has to deal with the harsh reality of seeing her children failing to attend school due to a lack of resources.

“We are surviving from piecework. I have no one to support me and my children, so whenever I get paid, I buy food just to keep us going but mostly I only afford one meal a day and some days we go without food,” she says.

Abandoned, the family is just one thread in the complex tapestry of divorces and child support cases in the country.

Chikwawa District Courts Administrator, Lusekero Msopole, says the district has seen a surge in divorce and child support cases in the past two years.

Says Msopole: “The numbers are staggering, with 1 481 divorce cases registered, of which 877 have been concluded, leaving 604 pending.

“Child maintenance cases stand at 721, with 374 concluded and 347 pending. Ngwengwe Magistrate court emerges as the epicentre of the crisis having recorded the highest numbers at 610 divorce cases and 384 child maintenance cases.”

According to Msopole, child support is a legal obligation where a non-custodial parent is required to provide financial support to the custodial parent or care-giver of their child or children.

It’s intended to cover the child’s basic needs, including shelter, food, clothing, education and medical care.

However, he observes that some parents fail to provide such support due to financial hardships, lack of awareness or understanding, lack of communication, resistance, incarceration or disability, evasion and lack of enforcement.

Despite the latter forming part of the reasons for failure to provide child support, the law is clear on the issue.

Section 9 of the Childcare, Protection and Justice Act states that where a parent or any other person, who is legally liable to maintain a child or to contribute towards the maintenance of the child, neglects to maintain the child or to make the contribution, the child, parent of the child or guardian of the child may apply against such person to the Child Justice Court for a maintenance order of the child.

The Act further allows relatives of the child, a social welfare officer, a police officer, a teacher, a health officer and any other appropriate person to apply against such liable persons to the children’s court for a child maintenance order.

Section 18 of the Childcare, Protection and Justice Act states that maintenance orders shall be enforced 30 days after the order is made, but a Child Justice Court may, in appropriate circumstances, make an order for a longer period.

It also states on Section 22(1) (a) and (b) and 22(2) of the same Act that it is an offence for failing to provide support to the children and failure to maintain the child can either be liable to a custodial jail sentence or a fine of K50 000.

Chikwawa District Social Welfare Officer Aaron Macheka says it is worrisome that some families face significant risks when divorce disrupts this foundation.

“The consequences extend beyond the emotional toll on children, basic needs become unattainable, social care breaks down, and vulnerable family members, particularly mothers, may find themselves exposed to abuse and exploitation,” he says.

Macheka adds that limited resources, coupled with emotional strain, often hinder the well-being and cognitive growth of young ones.

“The fractured family structure, often marked by a struggling mother, can lead to psychological distress for all involved, perpetuating a cycle of social issues,” Macheka observes.

Mental Health expert, Precious Makiyi, concurs with Macheka that divorce takes a toll on early childhood development, creating a challenging environment for children in broken families.

“Divorce can impact early childhood development, influencing emotional well-being and behaviour and the children from the broken marriages may face challenges in forming secure attachments, leading to potential impacts on future relationships,” says Makiyi.

According to Msopole, child support laws play a crucial role in promoting early childhood development by ensuring that children have access to the financial resources and other support they need to thrive during their formative years.

Mostly courts give orders in the best interest of these children to make sure that child support laws contribute to early childhood development, such as Financial Stability, Access to Resources, Reduced Stress, Parental Involvement and Legal Protection.

He advises: “It is important for parents to comply with child support orders to ensure the well-being and financial stability of their children. If circumstances change, such as a change in income or custody arrangements, it may be possible to apply for a variation of the child support order through our court system.

“It’s important for parents to comply with court orders and to communicate any changes in circumstances that may affect the child support arrangement. Failure to comply with a court child support order can result in legal consequences.”

According to Unicef, child protection – the prevention of, and response to, exploitation, abuse, neglect, harmful practices and violence against children –is embedded in the Convention on the Rights of the Child and the Sustainable Development Goals.

“Child Protection is universal: it is for all children everywhere, from low- to high-income countries,” says Unicef.

It says over one billion children experience violence every year.

“The consequences of Child Protection violations are catastrophic – profound, enduring and often deadly for children – and with economic costs of violence against children estimated at $7 trillion per year,” says Unicef in its Child Protection Strategy (2021 – 2030).—Mana