BALINIA VRS DANJARA (UE/NA/DC/A6/11/2023) [2024] GHADC 508 (28 August 2024)

BALINIA VRS DANJARA (UE/NA/DC/A6/11/2023) [2024] GHADC 508 (28 August 2024)

The respondent is in a better position to provide proper monitoring and care for the children, particularly in light of evidence of inappropriate conduct between the children while in the petitioner's custody, the petitioner's lack of direct supervision, and the failure to prove superior medical or welfare arrangements. The best interest of the children requires granting custody to the respondent.

Citation
BALINIA VRS DANJARA (UE/NA/DC/A6/11/2023) [2024] GHADC 508 (28 August 2024)
Parties
Petitioner: Gabriel Adobi Balinia; Respondent: Grace Danjara
Court
ghadc
Jurisdiction
Ghana
Judgment Date
28 August 2024
Procedural Posture
Custody Petition / Final Judgment
Outcome
custody granted to respondent; access to petitioner during school vacations
Legal Topics
Child Custody, Best Interest of the Child, Burden of Proof
Source Language
eng
Family Law Child Custody Best Interest of the Child Burden of Proof

Case Brief

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Parties

Gabriel Adobi Balinia

Petitioner

Grace Danjara

Respondent

Procedural Posture

Custody Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioner or respondent deserves custody of the two children

Ratio Decidendi

The respondent is in a better position to provide proper monitoring and care for the children, particularly in light of evidence of inappropriate conduct between the children while in the petitioner's custody, the petitioner's lack of direct supervision, and the failure to prove superior medical or welfare arrangements. The best interest of the children requires granting custody to the respondent.

Court Disposition

custody granted to respondent; access to petitioner during school vacations

Orders

  • Custody of the two children granted to respondent.
  • Petitioner granted access to the children during school vacations.