
Fidelis Munyoro
Chief Court Reporter
IN a landmark ruling that balances parental rights and the best interests of children, the High Court has granted a man’s request for VIRTUAL access to his children.
This is meant to ensure the bond between the father and his children remains intact despite the physical distance which separates them.
Justice Fatima Maxwell, presiding over the case, delivered a judgment, emphasising the importance of nurturing relationships between separated parents and their children.
Talent Chikobvu, the plaintiff, had sought a divorce from his wife, Petronella Chikobvu nee Chinhoyi, citing irreconcilable differences.
Alongside the dissolution of the marriage, he made an impassioned plea for virtual access to his two children, Evelyn (9) and Shona (6), given his current employment outside Zimbabwe.
In his submission, Chikobvu argued that modern technology offered a vital bridge to maintain a meaningful connection with his children.
“The natural affinity and emotional bond between parent and child are irreplaceable,” Justice Maxwell affirmed, quoting a prior judgment that underscored the emotional security such relationships provide.
The defendant, who was awarded custody of the children, had initially resisted the idea of virtual access, citing concerns about exposing minors to the internet. However, Justice Maxwell dismissed these fears, stressing that virtual communication, when responsibly managed, could foster a healthy relationship between the children and their father.
“Access should not be so confined as to stultify the continuing link between the child and the non-custodial parent,” the judge remarked, referencing legal precedents.
The court ruled that Chikobvu could exercise virtual access rights to his children on weekends at reasonable times, with prior notice to his ex-wife.
Justice Maxwell noted:
“This arrangement will allow the plaintiff to help shape the personality of his children, influence decision-making in their lives, and remain an active presence as they grow.”
The case also revolved around financial support for the children.
Chikobvu, who earns US$3,000 monthly, presented detailed evidence of his income and expenses.
He proposed a maintenance contribution of $125 per child, in addition to covering school fees, transport, and medical aid.
The defendant, however, had demanded $300 per child, exclusive of school-related costs.
Weighing the financial capacity of both parents, Justice Maxwell ruled in favour of Chikobvu’s proposal.
“The needs of the children must be balanced against the means of the responsible person.”
In a decision that further highlighted the court’s commitment to fairness, the judge addressed the fate of the couple’s immovable property in Budiriro.
It was agreed that the house would remain intact until the youngest child turns 18, after which it would be sold, with proceeds split equally.
Either party could buy out the other’s share if they so wished.
Justice Maxwell commended the arrangement, calling it “a pragmatic solution that safeguards the children’s stability while ensuring equitable distribution of assets.”
The ruling has been hailed as a victory for co-parenting in the digital age, with the court acknowledging the critical role of both parents in their children’s upbringing, regardless of geographical distance.
By granting virtual access and establishing clear financial responsibilities, the judgment ensures that the welfare of the children remains paramount.
“The benefits of a loving relationship with both parents cannot be overstated. It is the very essence of what childhood should be,” the judge ruled.
The courtroom drama may have ended, but for Talent Chikobvu and his children, this judgment marks the beginning of a new chapter – one where love and connection transcend borders.
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