Wakilii

Re In The Matter Of Joseph Mwesigwa (an infant) (Misc.App.No. 105 of 2010)

High Court · [2010] UGHC 93 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance application for appointment as legal guardians
Decision
Applicants appointed legal guardians of the child and permitted to travel with the child and adopt him in the USA

Observed later treatment

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Holding

In an application by American citizens to be appointed legal guardians of an abandoned Ugandan child, the High Court held that where a child has no known parents or relatives and has been institutionalized, it is in the child's welfare and best interests to appoint international applicants as guardians where they are suitable persons willing and ready to provide a permanent home. The court found that institutional care is transitory and not the best environment for a child to grow up in.

Outcome

Applicants appointed legal guardians of the child and permitted to travel with the child and adopt him in the USA

Facts

Joseph Mwesigwa, aged 5 years and 10 months, was found abandoned in Natete, Church zone, Kampala, on 28 May 2006. He was handed to Natete police station which referred him to the Probation and Social Welfare Officer at Lubaga after failing to locate his parents and relatives. The Probation Officer referred the child to Open Door Uganda for care and protection. The Home was granted a Care Order in July 2006. Open Door Uganda advertised in New Vision Newspaper on 7 April 2009 but no one responded. Through Action for Children and Holt International, the child was matched with Taylor Lee Forsberg and Stacie Lea Forsberg, American citizens aged 30 and 34 respectively, who are married farmers with one biological son and one adopted daughter. The applicants were assessed by a licensed social worker and found suitable. They began sponsoring the child and applied for legal guardianship with a view to eventual adoption.

Issues

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

Orders

  • The applicants, Taylor Lee Forsberg and Stacie Lea Forsberg are appointed legal guardians of the child, Joseph Mwesigwa.
  • The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice, Constitutional Affairs, Kampala.
  • The applicants are directed to register the order with the United States Embassy in Kampala and the Ugandan Embassy in Washington.
  • The applicants are directed to obtain a Ugandan passport for the child and 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 USA.
  • The applicants are directed to register the order with the authority responsible for family and child welfare in Washington and file a report once every year regarding the state of the welfare and development of the child to the Registrar, Family Division, High Court, Kampala and to continue to do so until the child is 18 years of age or until directed otherwise.
  • No order as to costs.

Rules and key headnotes

Family Law — Guardianship — Best Interests of the Child — Paramountcy Principle
In making any decision concerning a child, the welfare of the child is paramount and shall be the guiding principle under the Children Act.
Family Law — Guardianship — Abandoned Children — Institutional Care as Transitory
Institutional care for abandoned children is intended to be transitory and not permanent. Where a child has no known parents or relatives and is institutionalized, it is in the child's welfare and best interests to appoint suitable guardians who can provide a permanent home rather than allowing the child to remain in institutional care.
Family Law — Guardianship — International Applicants — Suitability Assessment
In the absence of other suitable applicants, an application by international applicants for guardianship of an abandoned Ugandan child should be allowed where the applicants have been properly assessed and found suitable, have no criminal record, are medically fit, are recommended by the Probation Officer, and are willing and ready to provide the child with a home, love and care.

Legislation cited (13)

Cases cited (1)

  • In the Matter of Nicholas Mwanje and Brenda Nakidde (Children) (FC No. 78 of 2009)

Full judgment

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

Re_In The Matter Of Joseph Mwesigwa (an infant) (Misc.App.No. 105 of 2010) [2010] UGHC 93 (29 September 2010)
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.