Re In The Matter Of Mugisha Caleb(an infant) (Family Cause No.218 Of 2010) (Family Cause No. 218 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 two American citizens as legal guardians of an abandoned infant. The court was satisfied that the applicants were suitable guardians based on their financial stability, clean background checks, positive home study report, and the child's need for proper care and protection. The guardians were permitted to immigrate with the child to the United States and ordered to submit six-monthly reports on the child's welfare to the Registrar Family Division until the child turns 18.

Outcome

Applicants appointed as legal guardians and permitted to immigrate with child to USA

Facts

Mugisha Caleb was born on 11 June 2009 to Asimwe Merab, who abandoned him at Mbarara Hospital after birth when the child developed medical complications. The probation officer placed the infant in the care of Amani Baby Cottage. A Care Order was issued on 7 July 2009. Attempts to trace the mother or relatives, including a newspaper advertisement in September 2009, failed. Foerster Lisa Marie and Foerster Johnny Ray are adult American citizens married on 28 February 2009, resident in Arizona. They have a monthly net income of $9,890, full medical insurance, no criminal records, and a positive home study report. Each has a 15-year-old daughter from a previous relationship. They learned of the child from Amani Baby Cottage and offered to provide a home.

Issues

1. Whether the applicants should be appointed legal guardians of the infant Mugisha Caleb.
2. Whether the applicants should be permitted to immigrate with the infant to the United States of America.

Orders

• Foerster Lisa Marie and Foerster Johnny Ray appointed as legal guardians of Mugisha Caleb.
• The appointed legal guardians permitted to immigrate with the child to the United States of America.
• The applicants ordered to submit a report on the state and welfare of the child to the Registrar Family Division of the High Court of Uganda at Kampala every six months until the child is 18 years old or until directed otherwise.
• Costs of the application to be paid by the applicants.

Legislation cited (9)

• Constitution of the Republic of Uganda 1995 Article 139(1)
• Judicature Act Cap. 13 s.14
• 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 SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 52 Rule 3

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