A critical analysis of the challenges of enforcement of custody and maintenance orders: a case study of central division Kampala District.

Abstract

Children need the support and love of both parents. This is usually achieved when parents live together. However, when parents get separated the custodial parent mostly women are expected to fulfill the responsibility of upbringing children singlehandedly. The purpose of this research is to analyze the challenges of enforcement of custody and maintainace orders in Central division, Kampala district. Qualitative research method was employed. Interviews and case analysis were used as data gathering instruments, thus 15 key informants, 10 in-depth interview informants were interviewed, and 10 real court decided cases were used to make the study more plausible. The findings revealed that challenges of enforcement of child maintenance orders and custody orders are evident in the study area due to the limited enforcement mechanisms most of the court’s orders were not executed fully and regularly. There are no adequate laws which help to effectively execute child maintenance and custody orders and there are no adequate institutional frameworks for effective enforcement of child maintenance matters. Finally, this study suggests the establishment of child maintenance (child support) agency, the enactment of laws that help to effectively execute child maintenance orders. The study also suggests establishment of birth registration institutions that work strictly in the national, regional and local level and creating awareness about children’s rights including the right to enforce maintenance for a child from a non-custodial parent are recommended to enforce children’s right to get maintenance effectively.