What Is Custody and What Are the Procedures for Applying for Custody?

How child custody is determined in Namibia, the role of social workers, and the process before the Children's Court.

Child custody in Namibia is governed by the Child Care and Protection Act 3 of 2015 and is primarily and strictly determined by what is in the best interests of the child.

In the Namibian context, a child is an individual considered a minor, meaning a person below the age of 18. When a child is born, both parents are granted equal custody rights and therefore enjoy joint custody of the minor child or children.

Applying for Custody: A parent seeking custody will need to obtain the services of a social worker so that an evaluation can be done on the minor child, after which the social worker compiles a report and makes a referral to the Children's Court, which initiates the process.

There are different forms of custody that can be applied for, and this can be discussed with the legal practitioner instructed to assist with the application process.

Disclaimer: The information provided here is for general informational purposes only and should not be interpreted as legal advice from Ileni Velikoshi Inc. or its staff. For advice tailored to your specific situation, please consult directly with Ileni Velikoshi Inc. for professional legal advice.