When parents separate, the hardest questions are usually about the children. Who will the children live with? Who pays school fees, rent and medical bills? Can the other parent still see them? In Uganda these disagreements often end up at the LC office, the probation office or in court, and many parents go in without knowing what the law actually says.
The main law is the Children Act, which was significantly amended in 2016 and now appears in the revised Laws of Uganda as Chapter 62. It applies whether the parents were married or not. This guide explains the basics of custody and maintenance, the people and courts involved, and how to apply for a maintenance order. It is general information, not legal advice.
The welfare principle: the child comes first
Every decision a court or official makes about a child's upbringing must treat the child's welfare as the paramount consideration. In plain terms, the question is not which parent "deserves" the children, but what arrangement is best for them. When deciding, the court looks at things such as:
- The child's own wishes, depending on their age and understanding.
- The child's physical, emotional and educational needs.
- The likely effect of a change in circumstances, such as moving school or home.
- The child's age, sex and background.
- Any harm the child has suffered or is at risk of suffering.
- How capable each parent or guardian is of meeting the child's needs.
Both parents have parental responsibility, and the Act says a parent must maintain the child, including providing education, immunisation, an adequate diet, clothing, shelter and medical care, and must protect the child from violence, abuse and neglect. That duty does not end because the parents separate.
Custody: who the child lives with
Custody is about where the child lives day to day and who makes the routine decisions. When parents cannot agree, either parent (or another person caring for the child) can apply to court for a custody order. The court can attach conditions and can also make an interim custody order while the case is being heard, especially where the child is at risk.
A few practical points:
- Married or not, both parents can apply. A father of a child born outside marriage can seek custody or access, and a child declared to be a parent's child has the same rights as a child born in marriage.
- Young children often stay with their mother, but this is a practice that depends on the facts, not an automatic rule. Courts have given custody to fathers where that served the child better.
- The parent without custody usually gets access (visitation), unless contact would harm the child.
- Custody orders can be changed if circumstances change, for example if the custodial parent relocates or neglects the child.
Where parents are divorcing, custody is often handled within the divorce case in the High Court. Otherwise, custody and maintenance disputes usually go to the Family and Children Court.
Maintenance: who pays and for what
Maintenance covers the child's feeding, clothing, education and general welfare. Under the Children Act, an application for a maintenance order can be made by:
- The mother or father of the child.
- A guardian or other person who has custody of the child.
- The child, through a "next friend" (an adult acting on their behalf).
You can apply during pregnancy, during a marriage, after separation, during divorce proceedings or at any time before the child turns 18. Orders generally last until the child reaches 18, unless the court orders otherwise or custody changes.
There is no fixed formula or percentage in Uganda. The court looks at all the circumstances, including the child's needs and the financial means of the parent who is asked to pay. That is why evidence matters: school fee structures, medical bills, rent, and anything showing the other parent's income, such as payslips, business records or their lifestyle.
What if paternity is disputed?
If a man denies that he is the father, the court can first decide parentage. It can order blood or DNA tests and consider other evidence, such as messages, photos or witness accounts. DNA tests are done at approved laboratories and the cost is usually paid by the party who requests them, so ask the court or your lawyer about current charges.
Where to go: the steps in practice
- Try to agree first. A written agreement covering where the children live, school fees, monthly support and visits can save months.
- Go to the LC or the probation office. Local Council officials can receive complaints about a child's rights being infringed and can summon the other parent. The Probation and Social Welfare Officer at your district or division offers counselling and mediation and can prepare reports for court. These services are free or very low cost.
- File in the Family and Children Court. If mediation fails, you file an application for custody or maintenance at the Family and Children Court, which sits at magistrate level in your area. Proceedings involving children are meant to be informal and private.
- Attend the hearing. Bring your evidence and any welfare report. The court may hear the child, depending on their age.
- Get the order and keep a copy. The order states who has custody, any access arrangements, and the amount and timing of maintenance.
When a parent refuses to pay
A maintenance order is not a suggestion. If payments fall behind, you can return to court. The Act allows a magistrate to enforce the order, for example by attaching the parent's earnings (deducting from salary) or by seizing and selling property to recover arrears. Keep a simple record of every payment received, with dates and amounts, because you will need it.
Either parent can also ask the court to vary the order if circumstances change, such as a job loss, a big salary increase or a child moving to a more expensive school.
Common mistakes to avoid
- Relying on verbal promises. Get agreements in writing, and where possible turn them into a court order.
- Withholding visits to force payment. Access and maintenance are separate. Blocking contact can count against you in court.
- Taking the child away without consent. Moving a child, especially out of the country, without the other parent's agreement or a court order can lead to serious trouble.
- Paying in cash with no record. Use mobile money or bank transfers so there is proof.
- Waiting too long. Arrears pile up and evidence gets lost. Act early.
Free and low-cost help
If you cannot afford a lawyer, organisations such as FIDA Uganda, the Uganda Law Society legal aid services and Justice Centres Uganda have helped many parents with custody and maintenance cases. Your district Probation and Social Welfare Officer is also a good first stop.
Frequently asked questions
At what age can a child choose which parent to live with?
There is no fixed age. The court considers the child's wishes in light of their age and understanding, but the final decision is based on the child's welfare.
How much child maintenance should a father pay in Uganda?
The law does not set an amount. The court weighs the child's needs against the paying parent's means. Both parents are expected to contribute according to what they can afford.
Does maintenance stop when the child turns 18?
Maintenance orders under the Children Act generally run until 18. Some parents agree to support university education beyond that, which is best put in writing.
Can I get maintenance if we were never married?
Yes. The duty to maintain applies to all children, whether or not the parents were married. If paternity is denied, the court can decide it first.
Can a father get custody in Uganda?
Yes. Custody is decided on the child's best interests, not the parent's gender. Fathers who show they can provide a stable, caring home can be granted custody.
Talk to a family lawyer
Every family is different, and the right approach depends on your evidence, your relationship with the other parent and what is best for your children. A short call can help you understand your options, prepare your documents and decide whether mediation or court is the better route. You can book a verified family lawyer on The Quick Consult to talk it through. This guide is general information, not legal advice, so always confirm procedures with the court or a qualified advocate.