Custody refers to a person’s capacity physically to have the child with him or her and to control and supervise the child’s daily life (J. Heaton, South
It is rare for the court to grant joint custody. In Maarschalk v Maarschalk 1994 (2) ZLR 110 (HC) the court held that such an award should be cautiously made in light of the obvious pitfalls. The court however made it clear that in appropriate circumstances, joint custody may be awarded where it is in the best interests of the minor child to do so.
