Building housing Gender-based violence court, and Juvenile court in Juba - Credit | Koang Pal Chang/Eye Radio | March 2022

In South Sudan, divorce, child support, and maintenance cases are dominating the Family Court’s docket, according to two female judges.

Judge Fascolina Anyang Angelo of the County Court and Judge Achok Chan Reec of the Juvenile and Gender-Based Violence Court in Juba provide critical insights into the rising issues of divorce, child support, and maintenance in South Sudan’s Family Court.

In an interview with Eye Radio, Judge Fascolina Anyang Angelo reported that the increase in divorce, child support, and maintenance cases is largely due to the country’s economic difficulties.

“Since the beginning of the year, the Family Court has recorded over 243 cases related to child support, maintenance, and divorce,” she said.

She explained that child support is a legal obligation that ensures a non-custodial parent contributes financially to their child’s upbringing until they reach adulthood, typically at 18 years old.

“To claim child support in court, first, we need to identify what child support entails,” Judge Fascolina stated.

“Child support covers expenses for food, school, medical care, clothing, and housing.”

She emphasized that the law enforces this obligation to protect the child’s rights and ensure adequate care, irrespective of the parent’s relationship status.

However, Judge Fascolina pointed out the complications arising from the absence of a unified family law in South Sudan.

“With 64 tribes, each having its customary law, the court faces significant challenges in ensuring consistency and fairness,” she explained.

When cases involve individuals from different tribes, the court must apply general rules from the Civil Procedure Code, which may not address tribal customs effectively.

“There is a strong interference of customary law in our legal system,” Fascolina noted.

“This can create conflicts and inconsistencies, making it difficult for the court to provide fair rulings.”

The lack of standardized laws results in legal uncertainty and complicates the court’s ability to adjudicate divorce cases effectively.

Judge Achok Chan Reec elaborated on additional challenges.

“The court has seen a notable rise in divorce, maintenance, and child custody cases,” she said.

“Many women are unaware of their legal rights, and cultural norms discourage them from seeking legal remedies.”

This underscores a broader societal attitude that views these matters as private rather than legal issues.

Judge Achok emphasized the need for comprehensive legal reforms.

“The absence of a unified family law forces us to rely on customary laws, which can vary significantly. This situation highlights the need for clear guidelines and support systems for determining the best interests of the child in custody cases,” she said.

She also pointed out that the judiciary’s efforts to balance customary practices with legal requirements, especially concerning dowry and divorce, are vital.

“The main issue is that many women believe their rights are disregarded due to custom and tradition,” Judge Achok observed.

“If a father refuses to support his children, we handle this by notifying his employer to deduct the support amount from his salary.”

Judge Achok also noted the recent establishment of the GBV and Juvenile Court in December 2020, supported by UNDP and the Netherlands government.

“This court provides psychosocial support and other essential services for survivors of gender-based violence,” she concluded.

Both judges urge increased media awareness to inform citizens about their rights and the functions of the Family Court.

“The media should play a positive role in educating the public about the laws and where to seek support,” Judge Fascolina said.

The insights from Judges Fascolina and Achok reflect the urgent need for legal reforms and greater public awareness to address the challenges faced in South Sudan’s family laws.