Nicoline Nyarko Vrs Godfred Kwasi Arthur [2022] GHADC 22 (11 November 2022)

Nicoline Nyarko Vrs Godfred Kwasi Arthur [2022] GHADC 22 (11 November 2022)

The court found that the best interest and welfare of the child would be served by granting custody to the applicant, as the child expressed a clear preference to be with her mother, and the respondent had denied both the applicant and the child the opportunity to know each other for years. The court also considered...

Source-derived case information.

Citation
[2022] GHADC 22
Parties
Applicant: Nicholine Nyarko; Respondent: Godfred Kwasi Arthur
Court
District Court
Jurisdiction
Ghana
Judgment Date
11 November 2022
Procedural Posture
Family / Ruling on Application for Access and Custody
Outcome
Application granted; custody awarded to applicant.
Legal Topics
Custody, Access to Child, Best Interest of the Child, Maintenance, Children's Rights
Source Language
english
Family Law Child Welfare Custody Access to Child Best Interest of the Child Maintenance Children's Rights

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Parties

Nicholine Nyarko

Applicant

Godfred Kwasi Arthur

Respondent

Procedural Posture

Family / Ruling on Application for Access and Custody

Legal Issues

  1. 1 Whether the applicant should be granted access and/or custody of her biological daughter
  2. 2 Whether the best interest of the child is served by granting custody to the applicant

Ratio Decidendi

The court found that the best interest and welfare of the child would be served by granting custody to the applicant, as the child expressed a clear preference to be with her mother, and the respondent had denied both the applicant and the child the opportunity to know each other for years. The court also considered the maturity of the child and the willingness of both parents to accept the child's preference.

Court Disposition

Application granted; custody awarded to applicant.

Orders

  • Applicant granted custody of the child; respondent to have reasonable access every fortnight from Friday 4pm to Sunday 4pm, and school vacations to be shared equally.
  • Respondent to pay maintenance of Ghc300.00 monthly into court from December 2022.