Comprehensive guide on custody and administration of the minors property after a successful divorce granted by Courts of justice in Rwanda.

In Rwanda, A child is under the age of 18 whereas the the child for a child to be held criminally liable should be in the age bracket of 14 and 18 all children in Rwanda are entitled to fair judgement like any other citizen of the country.

Custody of minors property come in a situation of divorce which is by Mutual consent ,in this circumstance the law grants children rights over half of their each parents to whom court has granted custody of the children.

Guardianship Guardianship is a procedure to help minors or adult with mental inculpability to enjoy rights generally recognised for every person and ensure the administration of their properties in case of any.

Guardianship is exercised in the interest of the person under guardianship.

The certificate of guardianship is drawn up and issued by the civil registrar and entered in the guardianship register.

The procedure is governed by law no: 32/2016 of 28/08/2016 governing Persons and Family.

There cant be establishment of guardianship without lawful grounds, the main grounds to consider are:

1. in case of loss , disappearance of both parents or they are an known.
2. In case paternity or maternity are denied.
3. when both parents are alive but deprived parental authority.

when surviving parents has a disability preventing them from fulfilling their parental responsibility.

The guardians have the following Responsibilities:

(a) To monitor and over see and exercise the administration of guardianship

(b) To consider and authorize the sale or creation of mortgage on the minors property in order to cater for the Mainor's needs.

(c) To terminate his or her responsibilities and do a replacement in case of failure to perform to the standards required.

(d) To present to the Mainor a final statement on the property in case the the Mainor attains the age of a majority.

A Mainor having no guardianship shall be under the guardianship of the states a procedure shall be determined by the minister in charge of children.

There are basic requirements for one to become a guardian as presented hereunder:

1. One must be aged at least ( 21) twenty one years of age.

2. One must be useful to the Mainor and have moral integrity guaranteeing the good minors up bringing and able to perform this duty voluntarily.

Appointment of a guardian.

A guardian is appointed as follows:

The surviving spouse has aright to appoint a guardian in a will , The guardian appointed must before taking up his or her duties notify the will to the civil registrar.

The surviving spouse may appoint a guardian before the council in case of any disability preventing him or her to fulfil the parental duties.

In case of both parents dying before appointing a guardian in their will, their absence, disappearance or disqualification from exercising their parental authority a worded by the guardianship council.

The Chosen guardian is at liberty to accept or refuse the responsibility conferred by the guardian council.

The following persons cannot be guardians:

1.A person with less than 21 year of age.

2. A person declared by court to be legally incapacitated.

3. A person involved or whose parents are involved in court proceedings with that Mainor.

4. A convicted person

5. A person deprived off parental authority.

6. A person sentenced to imprisonment for crimes against children.

7. A person sentence to imprisonment for crime of genocide.

8. A person sentenced to imprisonment for crime of genocide ideology and related crimes.

What are the pawers of guardianship?

The guardian has the following pawers:

( a) To represent the Mainor in the matters involving civil life unless other wise as provided by the law.

(b) To administer the minors property and be liable for any damage to the property arising from poor administration.

However, the guardian shall not be allowed to administer the minors occupational earnings from the activity unrelated to the guardians duties as well as property acquired through such earnings.

Duties of guardian.

1.The guardian is responsible for the Mainor's custody . A Mainor cannot live any where else unless by authorization by the guardian.

2. The guardian is required to provide mentainance and education to the Mainor depending on the minors property income derived there from.

3. If the Mainor has no property ,the guardian caters for mentainance education and all others essential needs in line with available resources.

Inventory of the minors property.

When the guardian take up the duty he or she shall make the inventory for the minors both movable and immovable properties in the presence of the guardianship council meeting under the conditions provided by the law.

A document describing the condition and containing the inventory of the property is signed by the guardian and the members of the guardian council. A copy of a document must be submitted to the civil registrar of the property where the property is located within a period of thirty days in order to be certified and attached to the guardian ship deed.

Administration of manors property.

The guardian undertake alone, all acts of protection and administration of the property if the minors best interest and use it in such away to generate income for the Mainor.

Inventory made in case of change in the Mainor's property.

When there is change in the Mainor's property , during guardian ship the inventory is made which is submitted to the guardianship council.

Sale and transfer of the minors property.

The guardian may not preform the acts of transfer, sale , mortgage or any other act likely to adversely affect negatively the minors property without authorization from the guardian council.

Allocation of income form the minor's property.

Income from the Mainor's property is allocated as a matter of priority to minors mentainance and education.

When income moves into surplus, the guardian is required to notify the guardian council for it to decide on how to allocate it.

Settlement of potential conflicts between the main and the guardian or any of the guardianship council member.

When the guardian has those interests that conflict with those of the Mainor, the case is subject to review by the guardianship council. which may if necessary appoint ad hoc guardian to represent the Mainor or represent the Mainor its self in such a situation.

When one of the guardianship council member has conflicting interests with those of the Mainor, the case is referred to the guardian ship council for decision when considering this case, the person whose interests conflicts with those of a Mainor is excluded from consideration of that case.

It is important to note that in Rwanda's legal system the children are catered for diligently like any other citizen that requires justice and justice is expeditiously served through our best legal system.

For further help you can contact us through: [email protected] Tele: +250791919423/ +256779220924