In Re Francis Samuel (an infant) (HCT-04-CV-fc-0004-2012)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted legal guardianship of an abandoned infant to American applicants, permitting them to emigrate with the child to the USA. The court applied the paramountcy principle, finding the applicants suitable guardians who were mentally, psychologically and emotionally stable with parenting skills, no criminal records, stable health and finances. The child, of tender years and vulnerable in temporary institutional care, required permanent parental love and care which only the applicants were willing to provide.

Outcome

Application granted. Applicants appointed legal guardians and permitted to emigrate with child to USA.

Facts

Francis Samuel, an infant, was found abandoned at Our Lady of Fatima Church Gangama by Wangoda Ronald. Inquiries to trace the child's relatives proved futile. The child was placed at St. Kizito Babies Home Gangama. Aaron Wade Tolson (37) and Lisa Lockwood Weir Tolson (33), American citizens married with three biological daughters, applied for legal guardianship. Aaron is a Pastor of High School students at Look Out Mountain Presbyterian Church in Tennessee. Lisa is a housewife who homeschools their eldest daughter. No parent or relative of the child has been traced to date. Apart from the applicants, no one was willing to offer support to the child. The applicants wished to provide the infant with a home, parental care and love.

Issues

1. Whether the applicants should be appointed legal guardians of the abandoned infant Francis Samuel.
2. Whether the applicants should be permitted to travel with the child outside Uganda to fulfill parental obligations.

Orders

• The applicants Aaron Wade Tolson and Lisa Lockwood Weir Tolson are appointed legal guardians of the child Francis Samuel.
• The appointed legal guardians are permitted to emigrate with the child to their home country USA in order to fulfill their obligations as legal guardians.
• The legal guardians will obtain a Ugandan passport for the child in accordance with the law.
• The legal guardians are directed to register this order with the state authority responsible for Children and Family Welfare in the USA.
• The legal guardians will file a report once every year regarding the state of welfare and development of the child with the Registrar High Court Registry, Mbale and the probation Office Mbale until the child is 18 years old.
• This order shall be registered with the USA Embassy in Kampala and the Uganda Embassy in Washington DC.
• Subject to the law, the legal guardians may complete the adoption process in their home country.
• The legal guardians shall meet the costs of this application.

Rules and key headnotes

Legislation cited (16)

• Constitution of the Republic of Uganda Article 139(1)
• Constitution of the Republic of Uganda Article 34(1)
• Constitution of the Republic of Uganda Article 34(2)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• Children Act Cap 59 s.2
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 s.6
• Children Act Cap 59 First Schedule
• Children Act Cap 59 First Schedule para 1(b)
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 Rule 1
• Civil Procedure Rules Order 52 Rule 3

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