Ocran Kojo Benyi Vrs Dorcas Mensah [2022] GHADC 23 (28 November 2022)

The best interest and welfare of the children require that custody remain with the respondent, who has been their primary caregiver, despite both parents' shortcomings. The current living conditions are not ideal, but continuity and the children's expressed preferences support maintaining the status quo, with conditions imposed to improve their welfare.

Citation: [2022] GHADC 23
Parties: Applicant: Ocran Kojo Benyi; Respondent: Dorcas Mensah
Court: District Court
Jurisdiction: Ghana
Judgment Date: 28 November 2022
Procedural Posture: Custody Application / Ruling on Application for Custody
Outcome: Application dismissed; custody awarded to respondent with conditions.
Legal Topics: Child Custody, Best Interest of the Child, Parental Responsibility, Maintenance, Access Rights
Source Language: English

Family Law Child Welfare Child Custody Best Interest of the Child Parental Responsibility Maintenance Access Rights

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 7

Parties

Ocran Kojo Benyi

Applicant

Dorcas Mensah

Respondent

Procedural Posture

Custody Application / Ruling on Application for Custody

Legal Issues

1 Whether the applicant should be granted custody of the children with reasonable access to the respondent

Ratio Decidendi

Court Disposition

Application dismissed; custody awarded to respondent with conditions.

Orders

Respondent to have custody of the children; applicant to have reasonable access during weekends upon due communication.
Respondent to secure decent accommodation by 28th February 2023; both parties to share cost equally.