Court battles are not yet over for Tracy Hari as she is tomorrow expected to appear at the Harare Civil Court where she is fighting against her former lover, Collin Kanonge over their son.
Collin approached the Civil court complaining that Tracy was denying him access to their son. The matter is registered as case No.CC89/16. In her opposing affidavit, Tracy said that she never stayed with Collin and their love affair ended before the child was born.
She also argued that the court had no jurisdiction over the matter and that it was not in the best interests of the child for Collin to have access in the manner he wants. Tracy also said that it was not reasonable for Collin to rush to court to complain that he had been denied access to the child for two weeks.
“The child just turned two years old on the 19th of June 2016. The child is still learning how to speak and communicate regarding his needs. I am still potty training the child. It’s disruptive to the child to grant access in the terms and conditions sought by the applicant.
“He is too young to be separated with his mother for such long periods. After I stopped breastfeeding, I started allowing the applicant to take the child away. During the times I have allowed applicant to access the child and he took the child away, he would switch off his phone around 6pm when I would be expecting the child to be returned.
“He would only bring the child around midnight. This would stress me besides affecting the child’s routine, at the time the child should be sleeping. The child would be returned with bruises, which the applicant had failed to satisfactorily explain.
“I started noticing these bruises in December 2015. The applicant would say the child got injured whilst playing with other children in the park. I have sought medical assistance in respect of that physical health of the child. Doctors have indicated that physical abuse cannot be ruled out, ” she said.
In her opposing affidavit, Tracy also said that she started noticing some behavioral changes on her son which she suspects came after Collin had access to the child.
“I noticed that my child’s behavior is changing. He used to be playful, posting with other children in the streets, quick to make friends, share toys, pot training was also going on very well and his appetite was good.
“All this is changing for the worse. He is withdrawn, no longer comfortable with new friends, no longer liked to play with others and he would rather be with me. I am afraid that applicant’s access may be the cause of all this. The baby cries when applicant wants to take him and as I said he had been returned at odd hours and with bruises, ” she said.
She also argued that the court had no jurisdiction over the matter and that it was not in the best interests of the child for Collin to have access in the manner he wants. Tracy also said that it was not reasonable for Collin to rush to court to complain that he had been denied access to the child for two weeks.
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| Collin demands access to child… Tracy contests, alleges abuse |
“He is too young to be separated with his mother for such long periods. After I stopped breastfeeding, I started allowing the applicant to take the child away. During the times I have allowed applicant to access the child and he took the child away, he would switch off his phone around 6pm when I would be expecting the child to be returned.
“He would only bring the child around midnight. This would stress me besides affecting the child’s routine, at the time the child should be sleeping. The child would be returned with bruises, which the applicant had failed to satisfactorily explain.
“I started noticing these bruises in December 2015. The applicant would say the child got injured whilst playing with other children in the park. I have sought medical assistance in respect of that physical health of the child. Doctors have indicated that physical abuse cannot be ruled out, ” she said.
In her opposing affidavit, Tracy also said that she started noticing some behavioral changes on her son which she suspects came after Collin had access to the child.
“I noticed that my child’s behavior is changing. He used to be playful, posting with other children in the streets, quick to make friends, share toys, pot training was also going on very well and his appetite was good.
“All this is changing for the worse. He is withdrawn, no longer comfortable with new friends, no longer liked to play with others and he would rather be with me. I am afraid that applicant’s access may be the cause of all this. The baby cries when applicant wants to take him and as I said he had been returned at odd hours and with bruises, ” she said.
