Re In The Matter Of Joyce Kusiima (child) (Family Cause No. 189 of 2010)

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

The High Court granted an application appointing American citizens as legal guardians of an abandoned six-year-old Ugandan child, finding that the guardianship served the child's best interests and welfare. The applicants were found suitable guardians, being financially stable, married with two biological children, medically fit, and with no criminal record. The court permitted the guardians to travel outside Uganda with the child and to pursue adoption in the United States.

Outcome

Legal guardianship granted; applicants permitted to travel with child and pursue adoption in USA

Facts

On 5 September 2004, Joyce Kusiima, then an infant, was abandoned at United Christian Church in Makerere-Kikoni, Kampala. Announcements were made at the church but no response was received. The Child Care and Family Protection Unit at Wandegeya conducted investigations but failed to locate the child's parents. The child was referred to Open Door Children's Home, which obtained a care order from Mwanga II Road Magistrate's Court. An advertisement was placed in the New Vision newspaper calling on relatives to claim the child, but no one came forward. The child remained in the care of Open Door Children's Home. The applicants, an American married couple aged 36 and 35, with two biological children aged 8 and 4, sought legal guardianship of Joyce Kusiima with a view to eventual adoption. The Probation Officer recommended the placement, finding the child vulnerable and in need of care and protection, and the applicants suitable guardians.

Issues

1. Whether the application will be for the welfare and in the best interests of the child?
2. Whether the applicants are suitable guardians for the child?

Orders

• The applicants are appointed legal guardians of Joyce Kusiima.
• The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and 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 law.
• The applicants are permitted to travel out of Uganda with the child in order to fulfill their parental obligations.
• The applicants are permitted to adopt the child in the USA.
• The applicants are directed to file a report once every year regarding the state of welfare and development of the child with the Registrar Family Division, High Court, and to continue to do so until the child is 18 years of age or until directed otherwise.
• The court makes no orders as to costs.

Rules and key headnotes

Legislation cited (13)

• Constitution of Uganda 1995 Article 139(1)
• Constitution of Uganda 1995 Article 34(1)
• Constitution 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
• Civil Procedure Rules Order 52 r.1
• Civil Procedure Rules Order 52 r.2

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