Re In The Matter Of Tumwebaze Emmanuel (child) (Family Cause No. 273 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 legal guardianship of an abandoned child to American applicants who had been assessed as suitable adoptive parents. The court found it was in the child's best interests to grant the application and permitted the guardians to immigrate with the child to the USA, subject to reporting requirements.

Outcome

Legal guardianship granted with permission to immigrate with the child to the USA subject to ongoing reporting requirements

Facts

Tumwebaze Emmanuel, aged approximately 4 years, was found abandoned in Nansana West 1 Zone on 7 March 2007 by unknown persons. Local council officials and police requested his admission to Mercy Child Care Ministry, which occurred the same day. A Care Order No. 4 of 2010 was obtained on 22 February 2010 formally committing the child to the Ministry's care. Efforts to trace the child's parents or relatives through newspaper advertisement in Bukedde on 4 November 2010 proved futile. The applicants, adult American citizens married since 15 June 1985, learned of the child through their son John Michael who was on a missionary trip with Come Let's Dance Ministries. They purposed to become his legal guardians. John Michael Hewett is employed as a counselor at People Inc. in Oklahoma earning $30 per hour and provides oversight for Arms of Compassion ministry earning approximately $200-$300 per week. Kimberly is a stay-at-home mother. The applicants have one biological child and four adopted children. A Home Study Report by heritage family Services found them suitable adoptive parents, with no criminal history or child abuse record save for an allegation and investigation of child neglect in 2002 which was satisfactorily resolved. The Probation and Welfare Officer of Wakiso District recommended the application as being in the child's best interests.

Issues

1. Whether the applicants should be appointed legal guardians of the abandoned child Tumwebaze Emmanuel.
2. Whether the applicants should be permitted to immigrate with the child to the United States of America.

Orders

• Application by John Michael Hewett and Kimberly Dawn Thomas Hewett to be appointed legal guardians of Tumwebaze Emmanuel is granted.
• The appointed legal guardians are permitted to immigrate with the child to the United States of America in order to fulfill their obligations as legal guardians.
• The applicants are 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.
• The applicants will pay the costs of this application.

Rules and key headnotes

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.