Linda Frimpomaa Vrs John Kobina Antwi [2023] GHACC 207 (16 August 2023)

Linda Frimpomaa Vrs John Kobina Antwi [2023] GHACC 207 (16 August 2023)

The application for interim custody was dismissed because there was no evidence that the respondent's custody had an adverse effect on the child, continuity in care was prioritized, and the child's views were considered; thus, the status quo was maintained pending the final determination of the divorce petition.

Citation
[2023] GHACC 207
Parties
Petitioner/applicant: Linda Frimpomaa; Respondent/respondent: John Kobina Antwi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 August 2023
Procedural Posture
Divorce Petition / Interlocutory Application for Interim Custody
Outcome
application dismissed
Legal Topics
Child Custody, Divorce, Interim Orders
Source Language
English
Family Law Child Custody Divorce Interim Orders

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Parties

Linda Frimpomaa

Petitioner/applicant

John Kobina Antwi

Respondent/respondent

Procedural Posture

Divorce Petition / Interlocutory Application for Interim Custody

Legal Issues

  1. 1 Whether interim custody of the child should be granted to the petitioner pending determination of the divorce petition

Ratio Decidendi

The application for interim custody was dismissed because there was no evidence that the respondent's custody had an adverse effect on the child, continuity in care was prioritized, and the child's views were considered; thus, the status quo was maintained pending the final determination of the divorce petition.

Court Disposition

application dismissed

Orders

  • Applicant granted reasonable access to the child: every other weekend (Friday 5pm to Sunday before 5pm), every other holiday, and half of vacations.
  • Respondent to be fully responsible for school fees, educational and medical expenses of the child.