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In the matter between Craig Anthony Cowell and Nola Cowell: High Court of Botswana, 2004

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Date December 29, 20152:53 pm
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Summary

On 1 March 2004, the respondent was granted a divorce decree and awarded the custody of the minor child. The applicant was granted rights of access and ordered to pay maintenance for the child.

The applicant sought a Rule Nisi because the Respondent intends to leave Botswana to settle in the United Kingdom, thereby frustrating his right to visitation.

It is ruled that the “only criterion applicable in deciding in matters of custody is the best interests of the child concerned”. As the applicant failed to demonstrate that it would be contrary to the best interests of the child if it is taken to the United Kingdom, issues pertaining to his rights of access are not sufficient for the Court.

Matrimonial Cause No. F104 of 2003, between Craig Anthony Cowell, Applicant, and Nicola Cowell, Respondent, before the High Court of Botswana, held at Francistown. Judgement by J. Gaongalelwe