Evans Asante & Anor Vrs Alberta Oman [2022] GHADC 12 (13 December 2022)

Evans Asante & Anor Vrs Alberta Oman [2022] GHADC 12 (13 December 2022)

The best interest and welfare of the child, who had been in the applicants' custody since infancy and was abruptly removed by the respondent, required that custody be granted to the applicants with reasonable access to the respondent. The respondent's unilateral removal of the child was condemned, and the child's welfare, stability, and expressed preferences (when independently given) were prioritized.

Citation
[2022] GHADC 12
Parties
Applicant: Evans Asante; Applicant: Beatrice Ocansey; Respondent: Alberta Oman
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 December 2022
Procedural Posture
Custody and Access Application / Ruling on Application
Outcome
application granted
Legal Topics
Child Custody, Child Access, Welfare Principle, Parental Rights, Abduction of Child
Source Language
English
Family Law Child Welfare Child Custody Child Access Welfare Principle Parental Rights Abduction of Child

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Parties

Evans Asante

Applicant

Beatrice Ocansey

Applicant

Alberta Oman

Respondent

Procedural Posture

Custody and Access Application / Ruling on Application

Legal Issues

  1. 1 Whether the applicants should be granted custody of the child with reasonable access to the respondent
  2. 2 Whether the respondent unlawfully removed the child from the applicants' custody

Ratio Decidendi

The best interest and welfare of the child, who had been in the applicants' custody since infancy and was abruptly removed by the respondent, required that custody be granted to the applicants with reasonable access to the respondent. The respondent's unilateral removal of the child was condemned, and the child's welfare, stability, and expressed preferences (when independently given) were prioritized.

Court Disposition

application granted

Orders

  • Applicants granted custody of the child.
  • Respondent granted reasonable access during weekends fortnightly and half of school vacations, with specific pick-up and drop-off times.