Child custody is a legal term meaning guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person’s care. Child custody in Cameroon is regulated by section 18 (1) (B) of Law No 2006/015 as amended and read with the civil status Registration Ordinance No 81-02 of 29th June 1981 as amended by Law No 2011/011 of 6th May 2011. The Matrimonial Causes Act also has an impact on child custody especially in Matrimonial Proceedings. Child custody in Cameroon consist of legal custody, which is the right to make decisions about the child and physical custody which is the right and duty to house, provide and care for the child.
TYPES OF CUSTODY
1. LEGAL CUSTODY
Legal custody is based on who makes important decisions for the child in cases such as health care, education and welfare. Legal custody can be joint or sole in nature.
It is joint where both parents share the right and responsibility to make important decisions about the health, education and welfare of the child.
It is sole where only 1 parent has the right and responsibility to make the important decisions about health, education and welfare of the child.
2. PHYSICAL CUSTODY
Physical custody is based on who the child lives with. Physical custody can also be joint or sole in nature. Physical custody can take the various forms;
Child custody in Cameroon is a fundamental aspect to be determined by courts in matrimonial causes like divorce and separation. This is because as per the matrimonial causes act of 1973, the interest of the child is paramount and must be determined before a divorce judgment can be pronounced. Custody in this case must be as regards children born in a marriage which is subject to a divorce procedure before any High Court in Cameroon.
PROCEDURE FOR CHILD CUSTODY IN CAMEROON
