Genevieve Amen Munduru v Hillary Masambu (Miscellaneous Application 7275 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court granted interim primary custody of the child to the applicant mother pending determination of the main divorce cause, together with liberty to travel internationally with the child for purposes connected with the child's residence, welfare and the applicant's employment. The court balanced the child's welfare and need for stability against the respondent father's parental rights, requiring the applicant to keep the respondent reasonably informed of travel arrangements and preserving the respondent's access and communication rights.

Outcome

Interim primary custody granted to applicant with liberty to travel internationally; respondent's access and communication rights preserved

Facts

The applicant mother and respondent father were parties to pending divorce proceedings (Divorce Cause No. 30 of 2024). The applicant, employed by TotalEnergies in Paris, France, had been the child's primary caregiver from birth. The child resided with the applicant in France. The applicant's employment occasionally required international travel. On 8 October 2025, while travelling from Paris to Entebbe via Amsterdam with the child, Dutch immigration authorities required parental consent for the child's onward travel. The respondent allegedly refused to provide consent despite being contacted by authorities, resulting in the applicant and child being stranded at Amsterdam Schiphol Airport for twenty-four hours. The applicant sought interim primary custody and unfettered authority to travel internationally with the child pending determination of the divorce cause. The respondent acknowledged the applicant's role as primary caregiver but opposed unfettered travel rights, expressing concern that such authority would alienate him from the child and prejudice his parental access.

Issues

1. Whether the Applicant has established sufficient grounds for the grant of interim primary custody and ancillary travel rights over the child pending determination of Divorce Cause No. 30 of 2024.

Orders

• Interim primary custody of the child, Ilyan Masambu, is hereby granted to the Applicant Genevieve Amen Munduru pending determination of Divorce Cause No. 30 of 2024.
• The Applicant is granted liberty to travel internationally with the child for purposes connected with the child's residence, welfare and the Applicant's employment obligations pending determination of the main cause.
• The Applicant shall keep the Respondent reasonably informed of the child's country of residence, travel itinerary and contact details whenever international travel involving the child is undertaken.
• The Respondent shall have reasonable access to and communication with the child pending determination of the main cause.
• For avoidance of doubt, the orders herein are interim in nature and shall not prejudice the final determination of custody, access and parental responsibility in Divorce Cause No. 30 of 2024.
• Each party shall bear its own costs of this application.

Rules and key headnotes

Legislation cited (14)

• Judicature Act s.33
• Children Act s.3
• Children Act s.3(3)
• Children Act s.115
• Children Act s.116
• Children Act s.117
• Civil Procedure Act s.98
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.2
• Civil Procedure Rules O.52 r.3
• Divorce Act s.28
• Constitution of the Republic of Uganda 1995 Art.31(4)
• Constitution of the Republic of Uganda 1995 Art.31(5)
• Constitution of the Republic of Uganda 1995 Art.34(1)

Cases cited (5)

• Namukasa Joweria v Kakondere Livingstone (Divorce Cause No. 30 of 2010)
• Tsehayalem Araya Tseyu v Cardon Habtamu Kasso (Family Cause No. 224 of 2014)
• Michael Geoffrey Kavuma v Monica Nankya Kavuma (Miscellaneous Application No. 702 of 2024)
• J v C [1970] AC 668
• Deborah Joyce Alitubeera & Richard (Infant) (Civil Appeal No. 70 of 2011)

The original judgment as reported. Read the original PDF before relying on any passage.