OHENE (A6/04/2024) [2023] GHADC 861 (10 November 2023)

OHENE (A6/04/2024) [2023] GHADC 861 (10 November 2023)

The tribunal found that the Applicant, the child's mother, posed a risk to the child's welfare due to threats, abusive behavior, and instability. Both parents lacked suitable living conditions. The Respondent's sister demonstrated capacity and commitment to care for the child in a safe environment. The best interest...

Source-derived case information.

Citation
[2023] GHADC 861
Parties
Applicant: Happy Ohene; Respondent: Ibrahim Kassim
Court
District Court
Jurisdiction
Ghana
Judgment Date
10 November 2023
Case Number
A6/04/2024
Procedural Posture
Child Custody and Maintenance Application / Judgment
Outcome
Application for custody by Applicant refused; temporary custody granted to Respondent's sister; maintenance and access orders issued.
Legal Topics
Child Custody, Child Maintenance, Best Interest of the Child, Parental Rights, Removal of Child From Parents
Source Language
english
Family Law Child Welfare Child Custody Child Maintenance Best Interest of the Child Parental Rights Removal of Child From Parents

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Summary, issues, holding and outcome

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Parties

Happy Ohene

Applicant

Ibrahim Kassim

Respondent

Procedural Posture

Child Custody and Maintenance Application / Judgment

Legal Issues

  1. 1 Whether the Applicant is entitled to custody of the child
  2. 2 Whether the child should be removed from the parents

Ratio Decidendi

The tribunal found that the Applicant, the child's mother, posed a risk to the child's welfare due to threats, abusive behavior, and instability. Both parents lacked suitable living conditions. The Respondent's sister demonstrated capacity and commitment to care for the child in a safe environment. The best interest of the child required granting temporary custody to the Respondent's sister, with both parents allowed reasonable access.

Court Disposition

Application for custody by Applicant refused; temporary custody granted to Respondent's sister; maintenance and access orders issued.

Orders

  • Respondent's sister granted temporary custody of the child until the mother is stable and able to resume responsibilities.
  • Both parents granted reasonable access to the child.