[1942] EACA 19
The court determined that while the petitioner is granted legal custody of the infant child, the child's actual control and care shall remain with the respondent mother until further order. The petitioner is entitled to reasonable access to the child. The court further ordered that the child shall not be taken out...
Source-derived case information.
- Citation
- [1942] EACA 19
- Parties
- Petitioner: George Frederick Randolph Hopper; Respondent: Dorothy June Hopper; Co Respondent: Lieutenant Hugh Guy
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Cause No. 17 of 1942
- Procedural Posture
- Divorce Petition / Final Order
- Outcome
- Custody granted to petitioner with control and care remaining with respondent; maintenance and costs awarded to respondent.
- Judges
- Lucie-Smith, J. (Kenya)
- Legal Topics
- Divorce Proceedings, Custody of Infant, Maintenance Orders, Access Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Frederick Randolph Hopper
Petitioner
Dorothy June Hopper
Respondent
Lieutenant Hugh Guy
Co Respondent
Procedural Posture
Divorce Petition / Final Order
Legal Issues
- 1 Whether the petitioner, as the guilty spouse, should be granted custody of the infant child.
- 2 What form of order is appropriate regarding the control and care of the infant by the respondent.
- 3 Determination of maintenance payable for the infant child.
Ratio Decidendi
The court determined that while the petitioner is granted legal custody of the infant child, the child's actual control and care shall remain with the respondent mother until further order. The petitioner is entitled to reasonable access to the child. The court further ordered that the child shall not be taken out of the jurisdiction except by leave of the court, ensuring the child's welfare and stability. Maintenance is to be paid by the petitioner to the respondent at a rate equivalent to the Army family lodging allowance for the petitioner's rank, and the petitioner is to pay the respondent's costs related to the custody issue.
Court Disposition
Custody granted to petitioner with control and care remaining with respondent; maintenance and costs awarded to respondent.
Orders
- The petitioner to have the custody of the said child but until further order the said child shall not be taken out of the control and care of his mother the respondent.
- The petitioner to have reasonable access to the child.
Full Case Text
Judgment text and source record
11 paragraphs
$19$
**DIVORCE JURISDICTION**
BEFORE LUCIE-SMITH. J.
## GEORGE FREDERICK RANDOLPH HOPPER. Petitioner
## DOROTHY JUNE HOPPER, Respondent
and
## LIEUTENANT HUGH GUY, Co-Respondent
## Cause No. 17 of 1942
Divorce—Guilty spouse—Custody of infant—Control and care of respondent— Maintenance of infant—Petitioner Army Officer—Form of order.
The above case is reported for the purpose of setting out the Order made as regards the custody of the infant child which Order reads as follows:
"The petitioner to have the custody of the said child but until further order the said child shall not be taken out of the control and care of his mother the respondent, the petitioner to have reasonable access. I further order that the said child shall not be taken out of the jurisdiction except by leave of the Court. The petitioner shall pay to the respondent the costs in regards the issue of custody and shall pay to the respondent the sum of £13.10/- per month or such sum as shall be equivalent to the then current Army rates of family lodging allowance applicable to a person of the Army rank of the petitioner."