In the matter of an Application to be appointed Legal Guardian by Daniel Gary Owens & Shelly Lynn Owens (Family Cause 248 of 2010)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application appointing Daniel Gary Owens and Shelly Lynn Owens as legal guardians of two street children aged approximately four years, Nabisubi Joan Owens and Museveni Owens. The Court was satisfied that the applicants were suitable guardians and that it was in the children's best interests to grant the application. The guardians were permitted to immigrate with the children to the United States to fulfill their parental responsibilities, subject to submitting six-monthly reports on the children's welfare.

Outcome

Applicants appointed legal guardians and permitted to immigrate with the children to the United States of America

Facts

Two children, Nabisubi Joan Owens and Museveni Owens, both approximately four years old, were repeatedly rounded up from the streets by Kampala City Council and committed to Kampiringisa National Rehabilitation Centre. Nabisubi's mother had no fixed abode and repeatedly returned the child to street life. Museveni's biological mother was a drug addict who introduced him to street begging at age two, and abandoned him after his last round-up. Kampiringisa was not equipped for children of their age, being designed for juvenile delinquents aged 12-18. The applicants, Daniel Gary Owens and Shelly Lynn Owens, American citizens married with three biological children, encountered the infants while doing voluntary work at Kampiringisa. Daniel Gary Owens was employed as Vice President with annual household income of approximately $211,674. Both applicants had clear criminal checks and home study reports recommended them as suitable adoptive parents.

Issues

1. Whether the applicants should be appointed legal guardians of the two infants Nabisubi Joan Owens and Museveni Owens.
2. Whether it is in the best interests of the children to grant the application.
3. Whether the applicants should be permitted to immigrate with the children to the United States of America.

Orders

• Application granted.
• Daniel Gary Owens and Shelly Lynn Owens appointed legal guardians of Nabisubi Joan Owens and Museveni Owens.
• The appointed legal guardians permitted to immigrate with the children to the United States of America.
• Applicants ordered to submit a report on the state and welfare of the children to the Registrar Family Division every six months until the child is 18 years old or until directed otherwise.
• Applicants to pay the costs of this application.

Rules and key headnotes

Legislation cited (11)

• Constitution of the Republic of Uganda 1995 Article 139(1)
• Constitution of the Republic of Uganda 1995 Article 34(1)
• Constitution of the Republic of Uganda 1995 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

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