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VOLUME: IV
ABOLITION OF MARITAL POWER
CHAPTER: 29:07
Part:V Provisions regarding Domicile of Married Women and

 

16.     Domicile of married women

 

            The domicile of a married woman shall not by virtue of the marriage be considered to be the same as that of her husband, but shall be ascertained by reference to the same factors as apply to any individual capable of acquiring a domicile of choice.

 

17.     Domicile of minor children

 

            (1) The domicile of a minor child shall be the place with which the child is most closely connected.

            (2) Notwithstanding the generality of subsection (1), where a child resides with his or her parents or with one of the parents, it shall be presumed, unless the contrary is shown, that the child's domicile is where he or she so resides.

 

18.     Guardianship of minor children

 

            (1) Parents shall have equal guardianship over a minor child and such guardianship shall with respect to rights, powers and duties be equal to the guardianship which a guardian immediately before the commencement of this Act had under the common law in respect of his or her minor child.

            (2) The consent of both parents shall be required in respect of-

     (a)     the contracting of a marriage by a minor child;

     (b)     the adoption of a minor child;

     (c)     the removal of the minor child from Botswana by either of the parents or any other person;

     (d)     the application for the inclusion of the name of the minor child in the passport issued or to be issued to any one of the parents;

     (e)     the alienation or encumbrance of immovable property or any right to immovable property vesting in the minor child; and

     (f)      the place and field of education of the minor child.