Row over child custody

A 27-year-old Maseru woman is embroiled in a legal battle to regain custody of her six-year-old child whose guardianship was allegedly granted to an acquaintance without her consent.

The child’s care arrangement, made necessary during the COVID-19 pandemic, saw the infant placed in the care of a family member, the sister of his mother (aunt). However, the situation soon took a nasty turn with accusations of government officials’ involvement.

As the stakes escalate, the biological mother, Sebolelo Molise faces a difficult road to regain custody and access to her son.

Molise, of Ha Tsolo Sekoting, says she has been denied access to her son for over a year and half, after a neighbour to her sister’s former partner, Thato Polasi, allegedly gained guardianship of the child through the ministry of social development (child protection department).

According to Molise, when her son’s preschool closed due to COVID-19, she had entrusted him with her unemployed sister.

However, after a year, the living arrangements with the sister and her then partner, Heather Malbon, an ex-Peace Corps member became unstable, ultimately leading to their separation.

Amidst the turmoil, the young boy remained under Malbon’s care, who ensured his well-being and continued education by enrolling him at a school in Khubetsoana.

Molise indicated that she had entrusted the child to her sister’s ex-partner, who had offered to temporarily take care for him. However, as time passed, Malbon reportedly found a new partner and moved to Botha-Bothe where she allegedly tossed him on to Thato Polasi, who was once her (Malbon) neighbour when they were staying at Khubetsoana.

“I was aware of Ntate Thato’s existence, as he was Heather’s neighbour while they lived in Khubetsoana. However, I found it disturbing that social development would grant him custody of my son without consulting me or involving me in the decision-making process.

“Since my son moved to Botha Bothe, I haven’t seen him. I don’t know if he is alive or if he is still in the country or how he is doing. Ntate Thato has robbed me of all means to know answers to these questions, depriving me of my right to know how my own son is doing,” Molise complained this week.

She told theReporter in an interview that she had pleaded with Polasi to return her son but he refused, saying she had to go through the ministry of social development.

“I did not have a problem taking care of my son. I was just swamped with work then but now I need my son to stay with me and he will attend a nearby school. Just like my sister, I appreciate that Heather was helpful but that was only a temporary arrangement,” she stated.

Molise said when she turned to the ministry of social development for assistance, she was met with more resistance and her case has not been solved to date.

She further indicated that she was informed that her decision to entrust her son to her sister’s former partner without following the appropriate channels had led to complications in the eyes of the law, leaving her in a vulnerable position.

Molise said she was distraught as her efforts to access the child failed. She was therefore forced to open a case of human trafficking at the Thetsane Police Station on December 27, 2024. Investigations are ongoing.

In a telephonic interview with this publication, the child’s grandmother, ‘Masebolelo Molise, expressed her disappointment in the ministry’s alleged lack of interest to investigate the child’s case thoroughly.

She asserted that the ministry’s negligence not only caused the family additional emotional distress but also shed light on a larger issue of government apathy towards the case.

‘Masebolelo further took a swipe at the police’s purported failure to arrest Polasi, who reportedly possesses a court order granting him guardianship, adding to family’s sense of injustice.

‘Masebolelo explained that when she and Sebolelo went to social development to seek clarity on the child’s case, child protection officer in the ministry of social development, Tiisetso Mohlabi, asked the latter in the presence of Polasi, to sign documentation agreeing to the guardianship of the child but refused because she had no intention to give away the child.

“My daughter has no intention of relinquishing custody of her son, especially not while I am still alive to assist her. Tiisetso (Mohlabi) who was facilitating this process claimed that Sebolelo was an irresponsible mother and that, they had a legal right to assign guardianship to Thato. But she (Mohlabi) failed to provide any substantial evidence to support her claims. No social worker, community members or leaders have complained about her motherhood.

“I found this declaration to be a gross violation of my daughter’s parental rights, as I felt she was manipulating the situation without considering our concerns or best interests,” she added.

Contacted for comment on Wednesday this week, Malbon asserted that Molise’s family were very much aware of the arrangement with Polasi.

However, she declined to explain why Polasi was granted the child’s custody.

“I cannot discuss the details of the case at this moment, but all I can confirm is that social development has granted the child’s guardianship to Ntate Thato.  He is in good hands. Social development can provide you with reasons for doing that,” Malbon noted.

When contacted for comment yesterday, Polasi said he was restricted by Mohlabi from doing so.

“I would have loved to comment but Mme Tiisetso has instructed me not to do so, as she promised to give you the information you need on Monday,” he said in a telephonic interview.

On her part, Mohlabi on Wednesday said she would only be able to comment on the matter on Monday next week as she was busy.