STELLA AFFUM VRS. RICHARD DAMASIO (A6/677/2016) [2022] GHADC 369 (17 October 2022)

STELLA AFFUM VRS. RICHARD DAMASIO (A6/677/2016) [2022] GHADC 369 (17 October 2022)

The respondent's failure to pay maintenance and school fees as ordered by the court, regardless of alleged denial of access, is not justified and is not in the best interest of the children. Custody should not be varied as the applicant has ensured the welfare of the children.

Citation
[2022] GHADC 369
Parties
Applicant: Stella Affum; Respondent: Richard Damasio
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 October 2022
Case Number
A6/677/2016
Procedural Posture
Family Law Maintenance and Custody / Ruling on Motion for Relistment and Enforcement of Maintenance Orders
Outcome
Application for relistment and enforcement of maintenance allowed; application for variation of custody refused.
Legal Topics
Child Maintenance, Custody, Enforcement of Court Orders
Source Language
English
Family Law Child Maintenance Custody Enforcement of Court Orders

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Parties

Stella Affum

Applicant

Richard Damasio

Respondent

Procedural Posture

Family Law Maintenance and Custody / Ruling on Motion for Relistment and Enforcement of Maintenance Orders

Legal Issues

  1. 1 Whether the respondent is in arrears of maintenance and school fees as alleged by the applicant
  2. 2 Whether custody of the children should be varied in favour of the respondent

Ratio Decidendi

The respondent's failure to pay maintenance and school fees as ordered by the court, regardless of alleged denial of access, is not justified and is not in the best interest of the children. Custody should not be varied as the applicant has ensured the welfare of the children.

Court Disposition

Application for relistment and enforcement of maintenance allowed; application for variation of custody refused.

Orders

  • Respondent to pay judgment debt of GH¢10,490.00 in four equal monthly instalments of GH¢2,622.50 from October 2022 to January 2023
  • Respondent to continue current maintenance obligations