Wakilii

In Re Alex Malik Hodgkins (an infant) (Family Cause No. 131 of 2009)

High Court · [2009] UGHC 174 · 2009 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment of legal guardians of an abandoned infant
Decision
Applicants appointed legal guardians with permission to emigrate with child to Canada

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court appointed Canadian citizens as legal guardians of an eight-month-old abandoned infant and permitted emigration to Canada. The court held that guardianship was in the child's best interests where the infant was abandoned, parents unknown, no relatives came forward after newspaper advertisement, and the applicants were married Canadian citizens with biological children, stable employment, suitable home conditions verified by home study, good health, and no criminal record.

Outcome

Applicants appointed legal guardians with permission to emigrate with child to Canada

Facts

An eight-month-old infant was abandoned at Bugembe village, Budumbuli East, Jinja District and found by a resident who reported the matter to the Probation and Social Welfare Officer. The child was placed in the custody of Welcome Home Ministries, which was granted a care order on 18 June 2009. The infant's photograph was advertised in the New Vision newspaper on 14 September 2009 but no parents or relatives came forward. The applicants, a married Canadian couple with two biological children, sought appointment as legal guardians to provide the child a home and care. The first applicant was employed full-time as Manager in Tax with Deloitte & Touche LLP and the second applicant was a homemaker and part-time teacher. Their home had been assessed and recommended as suitable for adoptive purposes. Both applicants were in good health with no criminal records.

Issues

  1. Whether the application is for the welfare and best interests of the child.
  2. Whether the applicants are suitable guardians for the child.

Orders

  • The applicants are appointed legal guardians of the child, Alex Malik Hodgkins, with full parental rights and responsibilities.
  • The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
  • The applicants are directed to register the order with the Canadian Embassy in Nairobi, Kenya and the Uganda Embassy in Canada.
  • The applicants are permitted to obtain a Ugandan passport for the child and to renew it from time to time as required by law.
  • The applicants are permitted to travel out of Uganda and live with the child in Canada in accordance with Canadian law.
  • The applicants are directed to register the orders with the authority responsible for children and Family Welfare in Alberta, Canada and to file a report once every year with the Registrar, Family Division, High Court, Kampala, regarding the development and welfare of the child and to continue to do so until the child is 18 years of age or until directed otherwise.
  • No order as to costs.

Rules and key headnotes

Family Law — Guardianship — Appointment — Best Interests of Child
In determining whether to appoint legal guardians, the court must assess whether the appointment is for the welfare and best interests of the child, taking into account that an institution is not the best place for a child to grow up and that a home with loving parents serves the child's welfare.
Family Law — Guardianship — Suitability of Guardians — Assessment Criteria
In assessing suitability of prospective guardians, the court considers whether they are married, have a stable home environment with other children to facilitate integration, have financial means through employment, are in good mental and physical health, have no criminal record, and have been assessed through a home study as suitable for guardianship purposes.
Family Law — Guardianship — Abandoned Children — Emigration
Where a child has been abandoned, parents are unknown, and reasonable efforts to locate relatives through newspaper advertisement have failed, the court may appoint foreign nationals as legal guardians with full parental rights and permit the child to emigrate, subject to conditions including annual reporting requirements to the High Court until the child reaches 18 years of age.

Legislation cited (6)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In Re_ Alex Malik Hodgkins (an infant) (Family Cause No. 131 of 2009) [2009] UGHC 174 (28 October 2009)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.