Custody Of A Minor Queensta Bortey Ninepence [2023] GHACC 476 (30 March 2023)
The court found, after interviewing the minor and reviewing affidavits and supporting documents, that granting custody to the applicant uncle is in the best interest of the minor.
Source-derived case information.
- Citation
- [2023] GHACC 476
- Parties
- Applicant: Jude Nii-Odaie; Minor: Queensta Borley Ninepence; Father: Shadrack Ninepence
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 30 March 2023
- Procedural Posture
- Custody Application / Ruling
- Outcome
- application granted
- Legal Topics
- Custody of Minor, Best Interests of the Child
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jude Nii-Odaie
Applicant
Queensta Borley Ninepence
Minor
Shadrack Ninepence
Father
Procedural Posture
Custody Application / Ruling
Legal Issues
- 1 Whether custody of the minor should be granted to the applicant uncle
- 2 Whether granting custody is in the best interest of the minor
Ratio Decidendi
The court found, after interviewing the minor and reviewing affidavits and supporting documents, that granting custody to the applicant uncle is in the best interest of the minor.
Court Disposition
application granted
Orders
- Custody of Queensta Borley Ninepence granted to Jude Nii-Odaie
- Reasonable access to the minor granted to her parents
Full Case Text
Judgment text and source record
1 paragraphs
‘2’ ADENTAN BEFORE HER HONOUR IN THE CIRCUIT COURT SEDINAM AWO BALOKAH, THE PRESIDING JUDGE ON THE 30TH DAY OF MARCH, 2023 TIME: 9:15 AM SUIT NO. C11/28/2023 IN THE MATTER OF AN ORDER FOR CUSTODY OF A MINOR (QUEENSTA BORTEY NINEPENCE) AND IN THE MATTER OF AN APPLICATION FOR A GRANT OF CUSTODY OF A MINOR BY JUDE NII-ODAIE - APPLICANT OF HSE/NO. AM 16119, ASHALEY BOTWE AND ALSO 4724 N APPLE, APPLETON WI 54913, U. S. A. IN CHAMBERS Parties Applicant present Minor Queensta Borley Ninepence present Representation No Legal Representation for Applicant By Court: Queensta, what language will you use in Court? A (English): English By Court: How old are you? A (English): I am 16 years. I will be 17 years on 10/07/2023. I was born on 10/07/2006. By Court: Do you know the Applicant? A (English): Yes By Court: Who is the Applicant to you? A (English): He is my mother’s brother, he is my uncle. By Court: Where does the Applicant live? A (English): In the U. S. A By Court: Where do you live currently? A (English): At Ashalley Botwe in my Grandmother’s house. By Court: Which school do you attend? A (English): GIMS College at Teshie By Court: Which grade are you in? A (English): Form 1 By Court: What course do you offer? A (English): General Arts By Court: What do you think happens to a person who lies to the judge? A (English): The person will be punished by going to prison. By Court: The Applicant, your uncle, Jude says I should give you to him for you to be taken care of, should I do that? A (English): Yes By Court: He says eventually, he may take you outside of Ghana, should I still give him custody of you? A (English): Yes By Court: Will you not miss your mother? A (English): I will but I love my uncle too and want to live with him. I can come and visit my mother later. By Court: Do you know your father? A (English): Yes By Court: What is your father’s name? A (English): Shadrack Ninepence. By Court: Where does your father live? A (English): With us at my grandmother’s house at Ashalley Botwe. By Court: Is your dad okay with the Applicant (your uncle) taking you to the U. S. A? A (English): Yes, my father told me about it. By Court: All the conversations that I have had with you, have you been truthful to me? A (English): Yes By Court: Finally, why do you want to be with your uncle, the Applicant? A (English): Because I want to experience living with him in the U. S. A. By Court: Applicant, what are your plans for Queensta? Applicant: She will be enrolled in the High School right about half a mile from my house. It is called Appleton North High School, Wisconsin, U. S. A. By Court: Queenstar, is there anything else you wish to tell me? A (English): No By Court - Ruling After interviewing the minor in issue and having perused and considered the Affidavit of the Applicant, the father of the minor and all annexures including the Birth Certificate of the minor in issue, I am satisfied that it is appropriate to grant the instant Application in the best interest of the minor in issue. The Application is therefore granted as prayed for. Custody of 16 years old Queensta Borley Ninepence is hereby granted to the Applicant herein, Jude Nii Odaie of 4724 n Apple, Appleton WI 54913, USA and also of H/No. AB16119, Ashalley Botwe in Accra Ghana forthwith. Reasonable access to the said minor is granted to her parents. The parents of the minor in issue as well as Jude Nii-Odaie are ordered to always provide all necessaries of life, health, shelter and education for the overall wellbeing of and in the best interest of the minor in issue, Queensta Borley Ninepence forthwith. (SGD) H/H SEDINAM A. BALOKAH CIRCUIT COURT JUDGE Sarafina./* 5