08 Jun 2026

Legal Aid Botswana, in partnership with the Tonota Men Sector, hosted a Men’s Forum last Thursday in Tonota to address issues surrounding child maintenance and custody.

The forum aimed to advise, guide, and support men in taking an active role in caring for their children.

Speaking at the forum, District Commissioner Mr Keabetswe Lesiela emphasised that providing child maintenance was a mandatory obligation, regardless of the relationship status between the parents.

“Taking care of children is the responsibility of both parents, whether they are still together or not. Even if a man is no longer with the mother of his children, he is still legally and morally required to provide for them,” Mr Lesiela said.

Mr Lesiela urged men to support their children out of genuine responsibility rather than fear of legal consequences.

He noted that child support must be provided with care and dedication, pointing out that women frequently report cases to authorities simply because fathers fail to provide for their children’s basic needs.

Furthermore, Mr Lesiela stressed that men should also seek physical custody or active involvement in their children’s daily lives to contribute positively to their development and emotional well-being.

Deliberating on legal matters, Legal Aid Attorney Mr Kagiso Lekang outlined the various legislative acts that safeguard child welfare.

He explained that child custody legal proceedings determine which parent was best suited to live with the child.

Mr Lekang observed that men frequently lagged behind in child support and maintenance matters, urging them to change this behavior.

He explained that under customary law, if parents were unmarried, the mother  was automatically granted physical custody.

However, under the Children’s Act, the courts strictly prioritise the ‘best interests of the child’ to determine which parent could provide a better environment.

Mr Lekang clarified that the parent granted primary custody must allow the other parent reasonable access to the child without conflict.

“If disagreements arise, official arrangements should be made to ensure both parents spend quality time with the child,”he said.

He added that custody decisions could be legally challenged if a parent proved they could offer better care, supported by assessment reports from social workers.

Additionally, Mr Lekang highlighted the Deserted Wives and Children Protection Act which allows a married woman to take legal action against her spouse if he failed to provide for her and the children, even if they still reside in the same household.

During the discussions, an attendee argued that the current legal framework heavily favoured  women, noting that some mothers also abandon their children.

He expressed frustration that child-related laws often target men and look for faults in their conduct.

In response, Mr Lekang encouraged men to familiarise themselves with laws on child maintenance, support and custody to protect their rights and avoid legal penalties. ENDS