SOAS Research Online

Abstract

This paper draws on research in Zimbabwe into the experiences of two groups of divorced and divorcing women, those from customary marriages and those from civil marriages. The data shows that the women's perception of their children's bests interests were related to their own social and economic strength. One important factor was the role of lobolo (bridewealth). In general, the customary law group had little control over what happened to their children, whereas the civil law group saw their children's interests best served by keeping them and they largely did so. The paper then considers the cultural perspectives which colour the perception of the best interests of children in the Community Courts and concludes by remarking on the rarity of the children themselves being consulted.