In Re MA (an infant) (Family Cause No. 187 of 2010)

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 Dutch applicants under the Children Act. The biological mother had abandoned the child and the father could not care for him. The court held that appointing the applicants as guardians was in the child's best interests where they were suitable, had no criminal record, were financially stable, and had been recommended through a home study. The child was permitted to immigrate to the Netherlands.

Outcome

Legal guardianship granted; child permitted to immigrate to the Netherlands with applicants

Facts

M A was born on 12 March 2005. His mother, Nabulime Aisha, abandoned him and her whereabouts became unknown. On 6 November 2007, the Probation Officer in Jinja District requested Welcome Home to assist the child. The biological father, Moses Gwasaze, a peasant with no income, could not care for the child. The LCI chairman found the child at a dam after being abandoned. Welcome Home was granted a care order. The father surrendered the infant into the custody of the children's home and consented to the guardianship application. The Dutch applicants, a married couple with no children, sought legal guardianship to provide the child with a home, parental love and care. Both applicants were employed, had no criminal record, were mentally and physically healthy, and had been recommended as suitable through a home study.

Issues

1. Whether the application is for the welfare and in the best interests of the child, M A?
2. Whether the applicants are suitable guardians for the child?

Orders

• The applicants, Tjerk Johannes Van Der Wouden and Dineke Van Der Wouden De Vries are appointed legal guardians of the child, M A.
• The applicants are directed to file 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 Netherlands Embassy in Kampala and the Ugandan Embassy in the Netherlands.
• The applicants are directed to obtain a Ugandan passport for the child and to renew it from time to time as required by the law.
• The applicants are permitted to travel out of Uganda with the child.
• The applicants are permitted to adopt the child in the Netherlands so that they can fix the residence of the child permanently and the child will be able to benefit from the entitlements due to biological and adoptive children of Dutch citizens.
• The applicants are directed to register the order with the authority responsible for family and child welfare in the Netherlands, and file a report once every year to the Registrar Family Division, High Court, Kampala, regarding the state of the welfare and development of the child until the child is 18 years of age or until directed otherwise.
• No order as to costs.

Rules and key headnotes

Legislation cited (7)

• Constitution of the Republic of Uganda 1995 Article 139(1)
• 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 First Schedule para 1(b)

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