In Re Tumwebaze (an Infant) (Family Cause No. 327 of 2013)

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

Legal guardianship granted to foreign applicants for an abandoned infant. Court held that granting guardianship to suitable foreign applicants who could provide a stable home was in the best interest of an abandoned child who had been found on a rubbish heap and for whom no relatives came forward. The court applied the criteria in the Children Act and found the US-resident applicants suitable, authorising them to travel with the child to the United States to complete adoption proceedings there.

Outcome

Legal guardianship granted to the foreign applicants with permission to travel with the infant to the United States to complete adoption proceedings

Facts

Timothy Tumwebaze, approximately six months old, was found abandoned on a rubbish heap in Mawero East, Busia Municipality on 6 February 2012 by two local women, Sarah Ibrahim and Bena Nekesa. The women reported the discovery to the LC1 chairman, who forwarded the matter to the Police Child and Family Protection Unit. The police referred the matter to the District Probation Officer, who authorised placement of the child at Noah's Ark Children's Home. On 23 August 2012, a magistrate issued a care order committing the child to Noah's Ark. Despite efforts by the Probation and Social Welfare office to locate relatives using print and electronic media, no one came forward to claim the child. The infant received his name at the children's home. The applicants, a married American couple resident in Kentucky, learned of the child's situation through Promise Kids Future, an American Christian organization working with Noah's Ark. They applied for legal guardianship.

Issues

1. Whether the application for legal guardianship is in the interest of the welfare and benefit of the infant.
2. Whether the applicants are suitable guardians for the infant.

Orders

• Raegan Mallaney Gyorffy and Mike Joseph Gyorffy are given legal guardianship of Timothy Tumwebaze until the infant attains the age of 18 years or until other lawful orders.
• The applicants are permitted to travel with the infant to the United States of America where they are normally resident and gainfully employed.
• The applicants are to make a return visit with the child to Uganda every five years.
• The applicants are directed to ensure that the infant retains Uganda citizenship in addition to any other citizenship he may acquire.
• The applicants are directed to submit progressive reports of the child every six months to the Probation and Welfare Officer of Busia Municipality, to the Registrar of the Family Division of the High Court of Uganda, to the Chief Registrar of the Courts of Judicature, and to the Ugandan Embassy in Washington DC USA.
• The applicants are ordered to return the infant to Uganda and produce him before the Registrar of the Family Division every five years until he attains the age of 18 years.
• The applicants must deposit with the Court all manner of address including physical address, email addresses, phone numbers home, office and mobile.
• Any change of address or change of circumstances of the applicants must be immediately communicated to the Probation and Welfare Officers of Busia District, to the Registrar of the Family Division of the High Court of Uganda, to the Chief Registrar of the Courts of Judicature, and to the Ugandan Embassy in the United States.

Rules and key headnotes

Legislation cited (10)

• Constitution of Uganda, Article 139(1)
• Judicature Act s.14
• 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
• Civil Procedure Rules SI 71-3 Order 52 Rule 1
• Civil Procedure Rules SI 71-3 Order 52 Rule 3

Cases cited (11)

• Francis Palmer (an Infant) and Mrs Michelle Louise Palmer (Civil Appeal No. 33 of 2006)
• Howard Amani Little (an Infant) and Mrs Rebecca Little (Civil Appeal No. 32 of 2006)
• In the Matter of Deborah Alitubeera (Civil Appeal No. 70 of 2011)
• In the Matter of Richard Masaaba (Civil Appeal No. 71 of 2011)
• Evelyn Atukwase Brianne Gamelin (Family Cause No. 118 of 2010)
• Bernie Hansen and Patricia Hansen (Family Cause No. 78 of 2000)
• Re Michael (An Infant) and Morse Richard Paterson and Prickett Teressa Renee (Family Cause No. 72 of 2009)
• In Re Mary Gimono (an Infant) and Jimmy Wayne Renslow and Gayla Deonne Renslow (Family Cause No. 25 of 2009)
• In the Matter of Deborah Joyce Alitubeera and Andrew Daniel Ribbens and Sarah Anne Shepard Ribbens (Civil Appeal No. 70 of 2011)
• In the Matter of Richard Masaba and Matthew John Zimmerman and Audrey Finhane Green Zimmerman (Civil Appeal No. 81 of 2011)
• Civil Application No. 38 of 2012

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