When a couple divorces, one parent may be granted custody of the children, but the other does not lose their rights or responsibilities towards them. Rwanda’s law provides for how custody is determined, as well as the rights and responsibilities of both parents, with the best interests of the child at the centre of the decision. ALSO READ: Co-parenting: How will a divorce impact children? More than four in 10 divorces recorded in 2025 (41.2 per cent) involved couples who had been married for less than a decade, according to the National Institute of Statistics of Rwanda (NISR). The 2025 Civil Registration and Vital Statistics report indicates that 4,479 divorces were registered during the year, of which 2,629 were legally granted by courts. With thousands of couples divorcing each year, questions about who will care for the children and how both parents will remain involved in their lives often arise. Here is what the law says: Custody can go to either parent In an interview with The New Times, Innocent Muramira, founder of Muramira & Co Advocates in Kigali, explained that divorce does not end parental responsibility. Under Article 18 of Rwanda’s Constitution, both parents have equal responsibility for raising their children. They must contribute to their maintenance, education, healthcare and general welfare according to their means. Muramira said the court prioritises the best interests of the child, including their safety, stability and education, as well as each parent’s ability to provide proper care. The court can award custody to either parent, order shared custody or entrust the child to a third party if both parents are irresponsible and cannot guarantee proper care. This may happen if both parents use drugs or misuse alcohol, or if there is gender-based violence, including frequent fights that create an unsafe environment for the children. In making its decision, the court also considers the child’s age, maturity and wishes. Non-custodial parents retain rights The parent who does not have custody still has rights and responsibilities towards the child. “The non-custodial parent has the right to visit, communicate with and be visited by the child. That parent also retains responsibility for the child’s maintenance and education, unless contact is restricted to protect the child,” Muramira said. He noted that orders concerning a child’s welfare are temporary and can be challenged. Relocation requires consent A parent should not relocate a child in a way that interferes with the other parent’s rights or a court order, Muramira said. Taking a child outside Rwanda requires authorisation from the other parent through a notarised consent letter. If consent is refused, the parent seeking to travel with the child may ask the court for authorisation, he added. Both parents must provide support Both parents are required to contribute to the child’s needs according to their financial capacity. Such support may cover food, housing, education, healthcare, clothing and insurance. If one parent refuses to provide support, the other may seek a maintenance order or enforcement of an existing court judgment. Courts can intervene in disputes When parents disagree over custody, visitation or other matters concerning their children, they should first consider communication or mediation, unless there is abuse or an immediate risk to the child. In serious cases, the matter should be reported to the appropriate authorities and taken to court for protective measures or modification of custody and visitation arrangements. Muramira urges divorced parents to keep personal conflicts away from their children. “Parents should keep personal conflict away from the child. A child must never be used as a weapon or shield. Divorce should end the marriage, not the child’s relationship with either parent,” he said.
