Wakilii

In Re Emayo (an Infant) (Family Cause 01 of 2015)

High Court · [2015] UGHCFD 11 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance application for legal guardianship order and permission to complete adoption in Belgium
Decision
Applicants appointed legal guardians with permission to complete adoption in Belgium, subject to reporting requirements

Observed later treatment

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Holding

The court appointed Belgian nationals Rudy Smets and Ilse Reinhilde Francois Willekens as legal guardians to Justin Emayu, a two-year-old infant in the custody of AMECET Children Home. The infant's father consented to the guardianship and adoption; consent of the mentally unstable mother was dispensed with. The court found it in the child's best interests that the applicants, who demonstrated financial security, good health, criminal clearance, and suitability as adoptive parents, be permitted to travel with the infant to Belgium to complete the adoption process there.

Outcome

Applicants appointed legal guardians with permission to complete adoption in Belgium, subject to reporting requirements

Facts

Justin Emayu, aged approximately two years, was taken to AMECET Children Home by his mother Susan Abilo on 28th October 2013 when he was two months old for temporary custody. His father Charles Ekadu declined to take custody of the child. On 6th October 2014, AMECET secured a Care Order for the infant from the Family and Children Court at Soroti under Care Application No. 24 of 2014. The father has eight biological children; the first seven from a previous relationship, and the infant from Susan Abilo, from whom he is separated. Susan Abilo is mentally unstable and her whereabouts are unknown as she moves from place to place. The applicants, a married Belgian couple who are gainfully employed, sought appointment as legal guardians and permission to travel with the infant to Belgium to complete the adoption process. They provided certified documents showing no criminal record concerning children, good health, financial security, marital status verification, and suitability as adoptive parents assessed in 2010 by Belgian authorities.

Issues

  1. Whether it is in the best interests of the infant Justin Emayu that the applicants be appointed his legal guardians.
  2. Whether the applicants should be permitted to travel with the infant to Belgium to fulfil parental obligations and complete the adoption process.

Orders

  • Rudy Smets and Ilse Reinhilde Francois Willekens are appointed legal guardians to Justin Emayu.
  • The applicants are permitted to travel with the child to Belgium in order to fulfil their obligations as legal guardians.
  • The applicants are permitted to complete the adoption process in Belgium.
  • The applicants are directed to obtain a Ugandan passport for the child in the names of Justin Emayu.
  • The applicants are directed to leave their addresses (both email and residence where the child will be residing) with the Deputy Registrar Soroti High Court, and copies with the Ministry of Foreign Affairs in Kampala and the Uganda Embassy in Belgium or equivalent.
  • The applicants are directed to submit a report on the state of the child to the Deputy Registrar, Soroti every six months until the adoption process is complete.
  • The applicants are directed to register this order with the Registrar of Births and Deaths, Kampala.

Rules and key headnotes

Family Law — Guardianship — Best Interests of the Child — Factors to be Considered
In determining whether to grant a guardianship application, the court must be satisfied that the appointment is in the best interests of the child, having regard to the principles set out in section 3 of the 1st schedule to the Children Act, including the child's physical, emotional, and educational needs; the likely effects of any changes in the child's environment; the child's age and background; any harm the child has suffered or is at risk of suffering; and the capacity of the child's parents or others involved in his upbringing in meeting the child's needs.
Family Law — Guardianship and Adoption — Consent of Parent — Dispensation where Parent Mentally Unstable
Where a parent whose consent would ordinarily be required for a guardianship and adoption application is mentally unstable and her whereabouts are unknown, the court may dispense with that parent's consent.
Family Law — Guardianship — Foreign Nationals — Permission to Complete Adoption Abroad
Where foreign nationals are appointed legal guardians to a Ugandan child, the court may permit them to travel with the child to their country of residence to complete the adoption process, subject to the court's satisfaction as to their suitability, financial security, and the requirement to submit periodic reports on the state of the child until the adoption process is complete.

Legislation cited (13)

Cases cited (1)

  • In Re Michael Okiror (Family Cause 3 of 2014)

Full judgment

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

In Re_ Emayo (an Infant) (Family Cause 01 of 2015) [2015] UGHCFD 11 (20 April 2015)
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.