Wakilii

In Re Hodkins Andrew (an infant) (Family Cause No. 222 of 2013)

High Court · [2013] UGHCFD 12 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment as legal guardians of an abandoned infant
Decision
Applicants appointed as legal guardians with authority to take the infant to live in the United States of America

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the High Court has jurisdiction under Article 139(1) of the Constitution and section 14 of the Judicature Act to appoint legal guardians even where the Children Act does not specifically provide for guardianship orders. Where an infant has been abandoned with no known relatives and is in temporary institutional care, the best interests of the child require that suitable applicants be appointed legal guardians to provide a permanent home. The applicants, a married American couple of good character with financial means and no criminal records, were appointed legal guardians with authority to reside with the infant in the United States.

Outcome

Applicants appointed as legal guardians with authority to take the infant to live in the United States of America

Facts

On 6 May 2012, an infant approximately ten months old was found abandoned in a drum at Old Boma parish, Jinja district. The matter was reported to the Local Council chairman, then to police, and the infant was placed in the care of Welcome Home Ministries Africa under a care order. The infant was advertised in Bukedde newspaper on 26 April 2013 but no relatives came forward. The applicants, Michael William Friedrich and Danielle Jean Friedrich, are a married American couple with one child aged two years. Michael is employed as a reverse logistics manager earning $61,500 annually; Danielle is a registered nurse earning $46.06 per hour. They have no criminal records and were assessed as fit adoptive parents by Angels Haven Outreach, a licensed international adoption agency. They sought appointment as legal guardians to provide the infant with a home, medical care, education and other necessities in the United States.

Issues

  1. Whether the applicants should be appointed legal guardians of the abandoned infant Hodkins Andrew.

Orders

  • Application allowed.
  • Michael William Friedrich and Danielle Jean Friedrich are appointed legal guardians of Hodkins Andrew (infant) and are granted powers and authority to live with him in the United States of America and elsewhere they may live.
  • The legal guardians are directed to obtain a Ugandan passport for the infant using his current names.
  • The legal guardians shall submit once a year photographs and a report on the state of health, progress and welfare of the infant to the Registrar, Family Division of the High Court of Uganda at Kampala until the child attains 18 years of age or until directed otherwise.
  • The Registrar of the High Court shall furnish a copy of the orders to the Ministry of Foreign Affairs of Uganda; the Embassy of USA in Kampala; the Ministry of Justice and Constitutional Affairs of Uganda; and M/S Angels' Haven Outreach, together with the address of the legal guardians.
  • The legal guardians shall immediately communicate any changes of addresses to the authorities mentioned above.
  • Costs of this application will be met by the applicants.

Rules and key headnotes

Legal Guardianship — Jurisdiction — High Court Power to Appoint Guardians
The High Court has jurisdiction under Article 139(1) of the Constitution and section 14 of the Judicature Act to appoint legal guardians even where the Children Act does not specifically provide for guardianship orders, exercising its inherent powers under section 98 of the Civil Procedure Act to grant remedies where there are no specific provisions.
Legal Guardianship — Definition and Responsibilities of Guardian
A guardian is a person having parental responsibility for a child who must be ready to place himself or herself in loco parentis for purposes of the child's care and welfare, have the child in his or her charge and actually look after it, exercise powers of control over the child, ensure physical well-being and protection of legal rights, and take whatever action may be necessary or desirable on behalf of the infant.
Best Interests of the Child — Institutional Care as Last Resort
An orphanage is a temporary residence for a child pending the availability of a suitable home in which the child can be raised; placing a child in an institution should be a last resort after all attempts to have the child live in a suitable home have failed, in accordance with sections 6 and 27 of the Children Act.
Best Interests of the Child — Guardianship Applications — Assessment Criteria
In determining guardianship applications, the court must apply the criteria in section 3 of the Children Act read with the First Schedule, including the child's physical, emotional and educational needs, likely effects of changes in circumstances, any harm suffered or risk thereof, and the capacity of proposed guardians to meet the child's needs, with the best interests of the child as the primary consideration.

Legislation cited (14)

Cases cited (6)

  • Evelyn Atukwase (Family Cause No. 118 of 2010)
  • Re Man, an Infant (Supreme Court Civil Appeal No. 22 of 1994)
  • Family Cause No. 76/2011
  • In the Matter of Deborah Joyce Alitubeera (Civil Appeal No. 70 of 2011)
  • In the Matter of Richard Masaba (Civil Appeal No. 81 of 2011)
  • In the matter of Nabyama Moses alias Nabyama Abasa, Mukiibi J.

Full judgment

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

In Re_ Hodkins Andrew (an infant) (Family Cause No. 222 of 2013) [2013] UGHCFD 12 (24 October 2013)
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.