Mavis Osei-owusu Vrs Fred Osei-owusu [2022] GHADC 20 (9 November 2022)

Mavis Osei-owusu Vrs Fred Osei-owusu [2022] GHADC 20 (9 November 2022)

The respondent failed to show special circumstances warranting a stay of execution or setting aside the formal decree. The best interest and welfare of the children require that custody remain with the applicant, siblings not be separated, and maintenance remain at Ghc600.00 due to the respondent's limited means. The respondent must pay arrears as determined by the court.

Citation
[2022] GHADC 20
Parties
Applicant: Mavis Osei-Owusu; Respondent: Fred Osei-Owusu
Court
District Court
Jurisdiction
Ghana
Judgment Date
9 November 2022
Procedural Posture
Family Law Custody and Maintenance / Ruling on Application for Stay of Execution and to Set Aside Formal Decree
Outcome
application dismissed with further orders
Legal Topics
Stay of Execution, Custody of Children, Maintenance Orders, Best Interest of the Child
Source Language
English
Family Law Child Custody Child Maintenance Stay of Execution Custody of Children Maintenance Orders Best Interest of the Child

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Parties

Mavis Osei-Owusu

Applicant

Fred Osei-Owusu

Respondent

Procedural Posture

Family Law Custody and Maintenance / Ruling on Application for Stay of Execution and to Set Aside Formal Decree

Legal Issues

  1. 1 Whether the court can order a stay of execution and/or set aside the formal decree
  2. 2 Whether the respondent ought to be granted custody of the children with reasonable access to the applicant
  3. 3 Whether the maintenance sum should be reviewed

Ratio Decidendi

The respondent failed to show special circumstances warranting a stay of execution or setting aside the formal decree. The best interest and welfare of the children require that custody remain with the applicant, siblings not be separated, and maintenance remain at Ghc600.00 due to the respondent's limited means. The respondent must pay arrears as determined by the court.

Court Disposition

application dismissed with further orders

Orders

  • Applicant retains custody of all children; respondent has reasonable access every other weekend and half of school vacations.
  • Children to be enrolled in a government school within the applicant's vicinity for the next academic year.