Sabaina Boadi (no. 3) Vrs Francis Panford (no. 3) [2022] GHADC 362 (8 November 2022)

Sabaina Boadi (no. 3) Vrs Francis Panford (no. 3) [2022] GHADC 362 (8 November 2022)

The best interest of the children requires that custody remain with Respondent until the first child completes her BECE, given the current educational arrangements and disruptions caused by Respondent's unilateral actions. However, Applicant must be granted reasonable access, and both parties must contribute to the children's maintenance as per statutory obligations.

Citation
[2022] GHADC 362
Parties
Applicant: Sabaina Boadi; Respondent: Francis Panford
Court
District Court
Jurisdiction
Ghana
Judgment Date
8 November 2022
Procedural Posture
Family / Ruling on Application for Variation of Custody
Outcome
Application for restoration of custody dismissed; custody remains with Respondent until first child completes BECE; access to Applicant enforced; maintenance obligations apportioned.
Legal Topics
Variation of Custody, Access Rights, Best Interest of the Child, Maintenance of Children
Source Language
English
Family Law Child Custody Variation of Custody Access Rights Best Interest of the Child Maintenance of Children

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Parties

Sabaina Boadi

Applicant

Francis Panford

Respondent

Procedural Posture

Family / Ruling on Application for Variation of Custody

Legal Issues

  1. 1 Whether custody of the two children should be restored to the Applicant
  2. 2 Whether Respondent's actions breached previous court orders regarding custody and access
  3. 3 What arrangement serves the best interest of the children

Ratio Decidendi

The best interest of the children requires that custody remain with Respondent until the first child completes her BECE, given the current educational arrangements and disruptions caused by Respondent's unilateral actions. However, Applicant must be granted reasonable access, and both parties must contribute to the children's maintenance as per statutory obligations.

Court Disposition

Application for restoration of custody dismissed; custody remains with Respondent until first child completes BECE; access to Applicant enforced; maintenance obligations apportioned.

Orders

  • Custody of the two children remains with Respondent until Nhyira completes BECE in 2023.
  • Applicant granted bi-weekly weekend and half-vacation access, with adjustments for academic schedule.