Custody Of A Minor Eugenia Agben Sedinam [2022] GHACC 245 (9 May 2022)
Custody is granted to the biological mother as she is fit, the child is young and female, and it is in the best interest of the child.
Source-derived case information.
- Citation
- [2022] GHACC 245
- Parties
- Applicant: Janet Bokorvi Akorfa; Respondent: [Name not provided]
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 9 May 2022
- Procedural Posture
- Custody Application / Ruling
- Outcome
- application granted
- Legal Topics
- Custody of Minor, Parental Rights, Child Maintenance
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Bokorvi Akorfa
Applicant
[Name not provided]
Respondent
Procedural Posture
Custody Application / Ruling
Legal Issues
- 1 Who should be granted custody of the minor Sedinam Eugenia Agben?
- 2 What are the terms of access and maintenance for the non-custodial parent?
Ratio Decidendi
Custody is granted to the biological mother as she is fit, the child is young and female, and it is in the best interest of the child.
Court Disposition
application granted
Orders
- Custody of Sedinam Eugenia Agben granted to applicant.
- Respondent granted reasonable access twice every month on weekends and for half of all school holidays.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT ADENTAN BEFORE HER HONOUR SEDINAM AWO BALOKAH THE PRESIDING JUDGE ON THE 9TH DAY OF MAY, 2022 TIME: 9:50 AM C11/27/2023 SUIT NO. IN THE MATTER OF AN ORDER FOR CUSTODY OF A MINOR (EUGENIA AGBEN SEDINAM) AND IN THE MATTER OF AN APPLICATION FOR THE GRANT CUSTODY OF A MINOR BY JANET BOKORVI AKORFA Applicant Present Respondent Present Child in issue, 4 year old Sedinam Eugenia Agben Present By Court - Ruling Having read both the Applications’ Affidavit in support of the instant Application, as well as the Respondent’s Affidavit in Opposition, Having duly perused the documents annexed to the Respondent’s Affidavit in Opposition; and Having given due consideration to Section 43, 44 and 45 of the Children’s Act 1998 (Act 560) as amended, It is my humble opinion that in furtherance of the best interest of the 4 year old female child Sedinam Eugenia Agben (see Section 2 of Act 560 as well) and under the peculiar circumstances of the suit which are as follows; 1) That the child Sedinam is a young child of 4 years (her age), 2) That the child Sedinam is a female child, 3) That the Applicant is the biological mother of the child Sedinam, and 4) That the Applicant does not exhibit any characteristics that is so exceptional as to render her an unfit parent, It is appropriate and in the best interest of the 4 year old female child Sedinam Eugenia Agben to remain in the physical and legal custody of her biological mother Janet Bokarvi Akorfa, the Applicant herein. In the circumstances, the Application is granted as prayed for. Custody of 4 year old Sedinam Eugenia Agben is granted to the Applicant. The Respondent is granted reasonable access to the said child twice every month on weekends and for half the duration of all school holidays. Weekend access shall begin on Fridays after close of school and end on Sundays at 3:00 pm. The Parties herein shall provide all necessaries of life, health and Education for their child Sedinam. Medical and Educational related bills shall be paid for by both Parties equally. The Respondent shall maintain the child with at least GH₵800.00 a month payable in a manner as agreed to by Parties. Each Party is PROHIBITED from removing the child Sedinam from Ghana without prior written consent of the other Party. The consent shall not be withheld unreasonably. I make no award as to cost. Parties shall bear their own cost. (SGD) H/H SEDINAM AWO BALOKAH CIRCUIT COURT JUDGE Comfy*