Wakilii

In the matter of Guardianship by Blick (Family Cause 108 of 2022)

High Court · [2023] UGHCFD 156 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for guardianship order under the Children Act
Decision
Guardianship order granted; petitioner appointed as guardian with full parental responsibility and authorized to travel with the child to Italy

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the guardianship petition, finding that the petitioner satisfied all statutory requirements under the Children Act. The petitioner, a Ugandan-Italian dual citizen and paternal aunt of the child, met the eligibility criteria including age, citizenship, criminal clearance, and recommendation by a Probation Officer. Both biological parents consented to the guardianship. The court found the guardianship to be in the child's best interest, particularly given the opportunity for the child to pursue his football talent at an elite Italian academy. The court appointed the petitioner as guardian with parental responsibility, terminating the parental rights of others, and authorized travel to Italy.

Outcome

Guardianship order granted; petitioner appointed as guardian with full parental responsibility and authorized to travel with the child to Italy

Facts

The petitioner, Blick Jacqueline, a 50-year-old Ugandan-Italian dual citizen, sought guardianship of her 11-year-old nephew, Blick William Frederick Jr. The child, a talented footballer, received admission to Marino Football Academy, an elite Italian football academy. The petitioner is the paternal aunt of the child, resides in both Uganda and Italy, is married with three children, and works as an English teacher and medical doctor by profession. The child's biological parents, Blick William Frederick and Blick Belinda Suzan, both consented to the guardianship application. A Probation and Social Welfare Officer conducted a home study and recommended the petitioner as suitable. The petitioner sought guardianship to enable the child to travel to Italy and pursue his football career while also continuing his education.

Issues

  1. Whether the High Court is seized with jurisdiction to entertain the petition for guardianship.
  2. Whether the Petitioner qualifies to be granted a guardianship order in respect of the child Blick William Frederick Jr.
  3. Whether the Petitioner should be allowed to have custody of the child and the right to travel with the child.
  4. Whether the application is in the best interest of the child.

Orders

  • The Petitioner Blick Jacqueline is hereby appointed the Guardian parent of the child Blick William Frederick Jr.
  • The parental rights of all others in respect to the child Blick William Frederick Jr. not previously terminated are hereby terminated.
  • This Guardianship Order vests parental responsibility of the child Blick William Frederick Jr. in the Guardian Blick Jacqueline.
  • The guardianship order shall remain in force until the child Blick William Frederick Jr. attains the age of eighteen (18) years.
  • The Petitioner Blick Jacqueline shall have exclusive care, custody and control of the child Blick William Frederick Jr. free from claims or hindrances of all others, and shall be held responsible for his maintenance, education and support.
  • The Registrar General of Births and Deaths is hereby directed to make an entry recording this Guardianship in the Guardianship Register and submit a copy of the order to the National Children Authority.
  • This registration shall be within 14 days from the grant of the order.
  • This Guardianship Order shall be furnished to Consular Department in the Ministry of Foreign Affairs.
  • The Petitioner Blick Jacqueline is hereby authorized to travel with the child Blick William Frederick Jr to Italy to join Marino Academy.
  • The Guardianship Order shall cease to apply where the guardian dies or is suffering from infirmity of body or mind.
  • Costs of this petition shall be met by the Petitioner.

Rules and key headnotes

Legal Guardianship — Statutory Requirements under Children Act
For a guardianship order to be granted under the Children Act Cap. 59 as amended, the petitioner must satisfy the following statutory requirements: be a Ugandan citizen, be above 18 years of age, have no criminal record, obtain a recommendation from a Probation and Social Welfare Officer, not have made or received any payment or reward in consideration of the guardianship, and obtain consent from the biological parents of the child.
Legal Guardianship — Dual Citizenship and Eligibility
A dual citizen of Uganda and another country is eligible to apply for legal guardianship in Uganda under Section 43A of the Children Act, provided they hold Ugandan citizenship, notwithstanding that the section provides that a person who is not a citizen of Uganda is not eligible to apply.
Welfare Principle — Best Interest of the Child
The welfare of the child is the paramount consideration in guardianship proceedings. The term 'welfare' is to be understood in its widest sense, encompassing not only the child's physical well-being and financial comfort, but also the child's moral, religious, educational welfare, and ties of affection. The court must consider all circumstances affecting the well-being and upbringing of the child and do what a wise parent acting on behalf of the child ought to do.
Legal Guardianship — Child's Wishes and Understanding
Before making a guardianship order, the court must satisfy itself that consideration has been given to the wishes of the child, having regard to the age and understanding of the child, where in the view of the court the child is able to understand the guardianship proceedings.

Legislation cited (12)

Cases cited (2)

  • Re Mcgrath (infants) [1893] Ch 143
  • Nakaggwa v Kigundu (1978) HCB 310

Full judgment

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In the matter of Guardianship by Blick (Family Cause 108 of 2022) [2023] UGHCFD 156 (7 June 2023)
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.