Solomon Quaynor Vrs Eunice Agbogbatey [2022] GHADC 364 (20 September 2022)

Solomon Quaynor Vrs Eunice Agbogbatey [2022] GHADC 364 (20 September 2022)

The applicant, as the father, is entitled to reasonable access to the child in accordance with statutory provisions and case law, and such access cannot be conditioned on fulfilment of customary requirements. Maintenance and other obligations are set out in the ADR Terms of Agreement, which are adopted by the court.

Citation
[2022] GHADC 364
Parties
Applicant: Solomon Quaynor; Respondent: Eunice Agbogbatey
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 September 2022
Procedural Posture
Family Law Child Custody and Maintenance / Judgment
Outcome
Application granted in part
Legal Topics
Child Custody, Child Maintenance, Access Rights, Customary Law
Source Language
English
Family Law Child Custody Child Maintenance Access Rights Customary Law

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Parties

Solomon Quaynor

Applicant

Eunice Agbogbatey

Respondent

Procedural Posture

Family Law Child Custody and Maintenance / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to access and visitation rights to the child
  2. 2 Whether the respondent can condition access on fulfilment of customary requirements
  3. 3 Determination of maintenance and related obligations

Ratio Decidendi

The applicant, as the father, is entitled to reasonable access to the child in accordance with statutory provisions and case law, and such access cannot be conditioned on fulfilment of customary requirements. Maintenance and other obligations are set out in the ADR Terms of Agreement, which are adopted by the court.

Court Disposition

Application granted in part

Orders

  • ADR Terms of Agreement on custody, maintenance, education, and health adopted and incorporated into judgment
  • Applicant granted reasonable access to the child: visitation on weekends with right to step out for up to three hours, subject to variation