Child custody, contact and maintenance in The Gambia

How can you resolve questions about where a child lives and contact?

When parents separate or disagree, the immediate concerns are often practical: where the child will live, how contact will work and how everyday needs will be met. Solie Law Chambers advises on child custody, contact and maintenance in The Gambia, including matters involving a parent overseas.

The child’s welfare must remain central. UNICEF’s summary of The Gambia’s Children’s Act explains the importance of the child’s best interests. Advice should address the individual child’s circumstances and the applicable legal framework.

We begin with the current care arrangements, the points of disagreement and any existing orders. A proposed arrangement should be realistic about school, health, travel, daily care and the child’s relationships. Neither parent should assume that nationality, income or an informal promise alone determines the outcome.

What should a workable contact arrangement cover?

Contact arrangements need enough detail to reduce avoidable disagreements while responding to the child’s needs. Matters to discuss can include:

• Regular visits, overnight stays and school holidays.
• Collection, return, transport and the people involved.
• Telephone or video contact where a parent lives away.
• Sharing relevant school and health information.
• Notice of changes, missed visits and arrangements during illness.
• Any supervision or other safeguards requiring consideration.

Parents may be able to agree terms, but advice is useful on their suitability and how they should be recorded or formalised. Where agreement is not possible, we can assess the appropriate application and evidence. Existing orders need to be reviewed before arrangements are changed.

How is child maintenance assessed?

Maintenance concerns the child’s financial support. Prepare a realistic account of recurring needs and the support already provided, rather than relying on an assumed standard percentage or a figure used in another country.

Useful information includes schooling, housing, food, clothing, medical needs and other regular expenses, together with available evidence of income, resources and commitments. Keep receipts and records of direct payments, transfers and contributions in kind.

The legal assessment depends on the relevant law and circumstances. The Children’s Act contains provisions dealing with custody and maintenance. We can review the applicable route for an agreement, application or response and the evidence needed to support the position.

For parents in different countries, discuss payment currency, transfer arrangements, proof of receipt and whether an overseas order exists. A foreign maintenance calculation or order should not be assumed to apply automatically in The Gambia.

What if contact is being refused or maintenance is not paid?

Keep a factual record of the agreed arrangements, missed contact, missed payments and communications. Provide the complete agreement or order, including any later changes. Explain what each party says has happened and what outcome would help the child.

Depending on the circumstances, advice may concern clarification, negotiation, an application to change arrangements or enforcement. The appropriate step depends on the status and terms of the existing arrangement. Avoid responding to a payment disagreement by changing contact, or to a contact disagreement by stopping support, without advice on the position.

If family circumstances have changed, explain the change and when it occurred. A new job, relocation, school move or health issue may require the arrangements to be reconsidered, but an existing order should not simply be ignored.

What if a parent lives abroad or wants to travel with the child?

Cross-border matters require early attention to where the child lives, existing proceedings, parental authority and any restrictions on travel. Tell us the child’s location, countries involved, planned dates and whether either parent objects.

Before booking travel or relocating, obtain advice about consent, documents and any court approval required. Possession of a passport does not answer every question about permission to travel. A letter or power of attorney should not be assumed to replace the appropriate child-law arrangements.

Where an order has been made overseas, we need the complete document and information about the proceedings. Recognition, enforcement and any proceedings in The Gambia need separate consideration. We can discuss the Gambian advice and coordination with a lawyer in the other country where needed.

What if there is an immediate safety concern or risk of removal?

Tell the firm immediately about threats, violence, a missing child, imminent travel or a concern that a child will not be returned. Provide any known travel date, existing order and relevant messages through the arrangements agreed with the firm. Ask whether urgent legal assistance is available and which steps can be considered.

If a child is in immediate danger or missing, contact the police or relevant child-protection authority. Do not wait for a website enquiry to be answered. Legal action and protective assistance may both need to be considered.

What documents and information will help?

• A short chronology and the child’s current living and care arrangements.
• Birth and relevant family documents, to be supplied when requested.
• Existing agreements, court orders, applications and hearing dates.
• Relevant messages and a record of contact or payment difficulties.
• Information about the child’s needs and the practical arrangement you propose.

Grandparents, step-parents and other carers should explain their relationship to the child and any formal authority they hold. The ability to make an application needs to be considered for the particular situation.

We will discuss the scope, likely stages and fees before proceeding. For related issues between spouses, see our marriage and divorce guidance. Contact should begin with a brief summary and a safe way to reach you.

Guides for specific children’s matters

• Custody and contact arrangements: preparing practical proposals and reviewing orders.
• Maintenance and financial support: expenses, payments and changes in circumstances.
• Child removal and urgent travel concerns: cross-border removal, retention and immediate legal questions.