Inspr. Sandra Edinam Gaze Vrs C/supt Stephen Kofi Ahiatafu [2023] GHACC 474 (5 May 2023)
The court found that the welfare and safety of the children and applicant required variation of the interim protection orders, granting custody to the applicant, access to the respondent under specific conditions, and maintenance orders, all to protect the children from exposure to domestic violence and ensure their...
Source-derived case information.
- Citation
- [2023] GHACC 474
- Parties
- Applicant: Insp. Sandra Edinam Gaze; Respondent: C/Supt. Stephen Kofi Ahiafafu
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Procedural Posture
- Family Law Protection and Custody / Ruling on Interim Protection and Custody Orders
- Outcome
- Interim protection orders varied; custody and maintenance orders granted; access regulated; welfare monitoring ordered.
- Legal Topics
- Domestic Violence, Child Custody, Child Maintenance, Protection Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Insp. Sandra Edinam Gaze
Applicant
C/Supt. Stephen Kofi Ahiafafu
Respondent
Procedural Posture
Family Law Protection and Custody / Ruling on Interim Protection and Custody Orders
Legal Issues
- 1 Whether interim protection orders should be varied
- 2 Custody and maintenance of children
- 3 Access rights of respondent
Ratio Decidendi
The court found that the welfare and safety of the children and applicant required variation of the interim protection orders, granting custody to the applicant, access to the respondent under specific conditions, and maintenance orders, all to protect the children from exposure to domestic violence and ensure their best interests.
Court Disposition
Interim protection orders varied; custody and maintenance orders granted; access regulated; welfare monitoring ordered.
Orders
- Respondent prohibited from acts amounting to domestic violence under Act 732.
- Respondent prohibited from coming within 100 meters of applicant or her home.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT ‘2’ ADENTAN BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 5THDAY OF MAY, 2023 TIME: 10:10 AM C5/048/2023 SUIT NO. RESPONDENT INSPR. SANDRA EDINAM GAZE PETITIONER UNNUMBERED HOUSE, AHOMAH JUNCTION DODOWA VRS. C/SUPT. STEPHEN KOFI AHIATAFU ASHALE- BOTWE NMAIJOR ACCRA Parties Present The two (2) children of the Parties are Present Interview of Children; Parents Absent By Court: What are your names? Boy: My name is Delali Girl: My name is Mawusi By Court: How are you? Boy and girl: We are fine By Court: Children use English during the interview. By Court: How do you feel about mummy and daddy? Boy: They fight in front of us. Daddy uses his hand to beat mummy. I want it to stop. (Boy starts crying) By Court – Ruling: The Social Welfare Office at Dodowa is ordered to assign a probation officer to the Applicant herein and the parties’ two children for observation and probation for the next 12 months. A report on the welfare of the children shall be furnished to the court through the registry every six months. After the interviewing the two children, the Final Decision of the court with respect to the Respondent’s Application and in light of the Interim Protection Orders of this court made on the 17th day of February, 2023 are as follows; 1) The Interim Protection Order made by this court on the 17th day of February, 2023 are varied to the following extent only; a) The Respondent is PROHIBITED from doing any act against the Applicant (Insp. Sandra Edinam Gaze) which may amount to domestic violence under Act 732. b) The Respondent is PROHIBITED from coming to the Applicant’s home and or coming within 100 meters of the Applicant. c) The Respondent is PROHIBITED from depriving the Applicant of any of her personal property. d) The Parties are ordered to refrain from committing against each other any act which may amount to an act of domestic violence under Act 732 or a crime under any other enactment. 2) The Applicant Insp. Sandra Edinam Gaze is granted custody of the Parties two children Delali Barnabas Stephen (10 years old) and Mawusi Edinam Stephen (7 years old). 3) The Respondent C/Supt. Stephen Kofi Ahiafafu is granted access to the said two children on weekends, holidays and half of all school vacations. However, sleep or stay overs are permitted only when the children expressly ask for same. 4) The Respondent is ordered to maintain the two (2) children with GH₵2,000.00 per month payable into the Applicant’s MOMO wallet number (0246297969). 5) The Parties shall foot all the educational bills of both children equally. The same Order applies to all medical bills of the two (2) children. 6) The Applicant shall provide shelter for the two (2) children. 7) The Parties shall provide all necessaries of life, health and education for the two (2) children. 8) The two children shall undergo therapy with a child psychologist at the University of Ghana Medical Center Psychology Department or other public hospital. 9) The Parties are advised to seek therapy themselves. 10) Access as ordered at paragraph 3 shall be at a public child friendly place. In light of this communication channels between the Parties shall remain open. Parties shall not block each other’s phone lines. The Divorce Petition shall proceed in accordance with the rules of court. Docket shall be returned to the Registry. (SGD) H/H SEDINAM AWO BALOKAH CIRCUIT COURT JUDGE Comfy* 4