OCANSEY VRS OCANSEY (A4/5/2023) [2023] GHADC 942 (21 March 2023)

On the totality of the evidence, the marriage has broken down beyond reconciliation and is dissolved; custody of the child is granted to the respondent with reasonable access to the petitioner.

Citation: [2023] GHADC 942
Parties: Petitioner: Gifty Ocansey; Respondent: Joseph Ocansey
Court: District Court
Jurisdiction: Ghana
Judgment Date: 21 March 2023
Case Number: A4/5/2023
Procedural Posture: Matrimonial Cause / Judgment
Outcome: petition and cross-petition for dissolution of marriage granted; custody of child to respondent with reasonable access to petitioner; no order as to costs
Legal Topics: Divorce, Custody, Burden of Proof
Source Language: English

Family Law Divorce Custody Burden of Proof

Case Brief

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Parties

Gifty Ocansey

Petitioner

Joseph Ocansey

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

1 Whether the marriage between the parties has broken down beyond reconciliation
2 To whom custody of the only issue should be granted

Ratio Decidendi

On the totality of the evidence, the marriage has broken down beyond reconciliation and is dissolved; custody of the child is granted to the respondent with reasonable access to the petitioner.

Court Disposition

petition and cross-petition for dissolution of marriage granted; custody of child to respondent with reasonable access to petitioner; no order as to costs

Orders

Marriage between the parties contracted on 14th December, 2007 is dissolved
Custody of Vanessa Ocansey (aged 13) granted to respondent with reasonable access to petitioner