The High Court has refused to grant an Australian-based mother custody of her 10-year-old daughter, ruling that relocating the child from Zimbabwe to Australia would undermine her stability after nearly nine years of physical separation from her mother.

The judgment, delivered by Justice Maxwell in the High Court in Harare, followed a divorce and custody dispute between Abigal Manyati and Brian Sunguro.

Manyati had sought sole custody of the minor child and proposed that Sunguro, who has been caring for the girl in Zimbabwe, be granted virtual access through platforms such as WhatsApp, Skype and Zoom.

However, the court found that the child’s best interests were better served by remaining in Zimbabwe under her father’s custody.

Justice Maxwell Takuva noted that Manyati relocated to Australia in 2017 and had been physically absent from the child’s life for approximately nine years.

Although the court accepted that her move to Australia was intended to secure a sustainable future for her family rather than abandon the child, it said the child had since become settled in Zimbabwe, where she had been raised and was attending school.

The court also noted that Manyati acknowledged during cross-examination that there would need to be a process of “re-familiarisation” before the child could live with her.

The judge further raised concerns over Manyati’s immigration status in Australia, noting that she did not have permanent residency and that her current visa was due to expire in October 2027.

“Uprooting the minor child from her familiar social, cultural, and educational environment in Zimbabwe to relocate to Australia... would introduce severe instability,” Justice Maxwell ruled.

The court consequently awarded Sunguro sole custody of the child until she reaches 18 or becomes self-supporting.

The ruling, however, granted Manyati extensive access rights, including physical access during alternate school holidays.

Any travel involving the child leaving Zimbabwe for Australia will only be permitted once Manyati provides written and verifiable proof that her Australian residency visa or permit has been successfully renewed or extended beyond October 2027.

She was also granted regular virtual access through WhatsApp, Skype, Zoom or another digital platform agreed upon by the parties.

The court said maintaining a relationship between the child and her mother was important, particularly given the prolonged physical separation.

The custody decision came despite the court expressing concern over the circumstances in which Sunguro assumed custody.

Evidence from Brynston Junior School administrator Agatha Nyanhira supported Manyati’s claim that Sunguro removed the child from the school without notifying the relatives who had been caring for her.

The court also heard that a letter allegedly from the school, which was used in support of a French visa application for the child, was fraudulent.

However, Justice Maxwell said the purpose of the proceedings was not to punish Sunguro for past conduct but to determine what was in the child’s best interests going forward.

The court also ordered Manyati to contribute US$200 a month towards the child’s maintenance, cover 50 percent of her school fees and provide all her school uniforms.

Sunguro was ordered to pay the child’s medical aid, accommodation and day-to-day living expenses, while both parents must contribute equally towards casual clothing.

Neither parent was allowed to remove or attempt to remove the child from Zimbabwe without the prior written and notarised consent of the other parent or a specific court order.

The court further ordered that the child remain at her current school unless both parents agree in writing to a transfer.

The parties were granted a divorce, with each ordered to bear their own legal costs.