Wakilii

Re In The Matter Of Kisakye Mathew (an infant) (Family Cause No. 175 of 2010)

High Court · [2010] UGHC 67 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment as legal guardians of an abandoned infant
Decision
Applicants appointed legal guardians with authority to migrate with child to USA and adopt there, subject to annual reporting requirements to the High Court

Observed later treatment

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Holding

The High Court granted guardianship to American citizens of an abandoned two-year-old infant found in Busia. The court held that appointment was in the child's best interest where parents and relatives were unknown despite radio and newspaper searches, and the applicants demonstrated suitability through employment, home study approval, and ability to provide sustainable care. The order permitted migration to the USA and subsequent adoption there.

Outcome

Applicants appointed legal guardians with authority to migrate with child to USA and adopt there, subject to annual reporting requirements to the High Court

Facts

On 10 May 2010, a two-year-old male infant unable to speak was found abandoned in Busia Municipality. The Senior Probation and Social Welfare Officer referred the child to New Hope Ministries for temporary care on 11 May 2010. A care order was issued on 21 May 2010 placing the child with the organisation. Attempts to trace the child's parents or relatives through radio announcements on Busia radio and advertisements in the Monitor newspaper proved unsuccessful. The applicants, a married American couple with two biological children, learned of the child through the Director of New Hope Ministries and began supporting the child's basic needs. The first applicant is a pilot employed by the United States Air Force; the second applicant is a stay-at-home mother. The applicants underwent a home study in the USA which recommended their home as suitable for adoption. They sought appointment as legal guardians to provide the child with a permanent home, medical care, education, and parental love in the USA.

Issues

  1. Whether the grant is for the welfare and in the best interest of the child?
  2. Whether the applicants are suitable guardians for the child?

Orders

  • The applicants, Samuel Lucas Jobe and Joy Colleen Jobe are appointed legal guardians of the child, Kisakye Mathew.
  • 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 the law.
  • The applicants are permitted to travel out of Uganda with the child in order to be able to discharge their parental rights and responsibilities.
  • The applicants are permitted to adopt the child in the USA, so that they can be able to fix his residency, and the child can take advantage of the benefits that accrue to biological and adoptive children for his welfare and best interest.
  • The applicants are directed to register the order with the authority responsible for family and children welfare in Washington, and file a report once every year to the Registrar Family Division, High Court, Kampala, regarding the state of the welfare and development of the child until the child is 18 years of age or until directed otherwise.
  • The court makes no order as to costs.

Rules and key headnotes

Guardianship — Welfare of the Child — Paramount Consideration
In making any decision concerning a child under the Children Act, the welfare of the child is of paramount importance. The court will grant guardianship to foreign applicants where the child has been abandoned with no known parents or relatives, and the grant serves the child's best interest.
Guardianship — Suitability of Guardians — Assessment Criteria
In assessing suitability of proposed guardians, the court considers the applicants' marital status, employment and financial capacity, existing family situation, home study results, criminal record clearances, physical and mental health, and ability to meet the child's emotional, psychological, educational, and material needs on a sustainable basis.
Guardianship — Cross-border Guardianship Orders — Post-order Obligations
Where the High Court appoints foreign nationals as guardians with authority to remove a child from Uganda, the court may impose registration requirements with relevant authorities in both jurisdictions and mandate annual reporting on the child's welfare and development until majority.

Legislation cited (7)

Full judgment

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Re_In The Matter Of Kisakye Mathew (an infant) (Family Cause No. 175 of 2010) [2010] UGHC 67 (13 October 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.