Wakilii

In Re Mercy Elyssa Asinde (An Infant) (HCT-00-FD-FC-0082-2009)

High Court · [2009] UGHC 53 · 2009 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for legal guardianship following foster parent appointment by Family and Children Court
Decision
Applicants declared legal guardians though already possessing guardian status as foster parents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a foster parent appointed by the Family and Children Court under the Children Act is already a legal guardian by virtue of having parental responsibility for the child. The application for legal guardianship was superfluous but declared for avoidance of doubt.

Outcome

Applicants declared legal guardians though already possessing guardian status as foster parents

Facts

The applicants, a married couple and United States citizens residing in Uganda, had been appointed foster parents of the infant Mercy Elyssa Asinde by care order dated 2 June 2009 from the Family and Children Court of Entebbe. They then applied to the High Court for an order of legal guardianship of the same infant.

Issues

  1. Whether an application for legal guardianship is necessary or superfluous where the applicants are already appointed as foster parents with parental responsibility.
  2. Whether a foster parent appointed by the Family and Children Court is already a legal guardian under the Children Act.

Orders

  • The applicants declared legal guardians of the infant Mercy Elyssa Asinde.

Rules and key headnotes

Family Law — Guardianship — Foster Parent Status — Legal Effect
A foster parent appointed by the Family and Children Court under the Children Act is a guardian of the infant by virtue of that appointment, having parental responsibility for the child.
Statutory Interpretation — Children Act — Definitions — Foster Parent and Guardian
Under the Children Act, a foster parent is defined as a person assuming parental responsibility by way of a care order, and a guardian is defined as a person having parental responsibility; therefore a foster parent is by definition a guardian.

Legislation cited (20)

Cases cited (3)

  • In the Matter of Francis Palmer (Civil Appeal No. 32 of 2006)
  • In the Matter of Howard Amani Little (Civil Appeal No. 33 of 2006)
  • In the Matter of Kenneth Kintu (Family Case No. 112 of 2008)

Full judgment

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

In Re_ Mercy Elyssa Asinde (An Infant) (HCT-00-FD-FC-0082-2009) [2009] UGHC 53 (15 July 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.