[2011] UGHC 13

[2011] UGHC 13

The court found that Tumwebaze Emmanuel was abandoned and that all efforts to trace his biological parents or relatives had failed. The child was committed to the care of Mercy Child Care Ministry, which made further attempts to locate his family without success. The applicants, John Michael Hewett and Kimberly Dawn Thomas Hewett, are adult American citizens, married, and have both biological and adopted children. They have been assessed and recommended as suitable adoptive parents by welfare authorities in their home country and by Ugandan social welfare officers. The Home Study Report confirmed their emotional and financial readiness, absence of criminal history, and ability to provide...

Citation
[2011] UGHC 13
Parties
Applicant: John Michael Hewett; Applicant: Kimberly Dawn Thomas Hewett; Respondent: Tumwebaze Emmanuel
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
14 January 2011
Case Number
Family Cause No. 273 of 2010
Procedural Posture
Family Cause / Ruling on Application for Legal Guardianship
Outcome
application granted
Legal Topics
Legal Guardianship, Child Welfare, Adoption Procedure
Source Language
English
Family and Children Legal Guardianship Child Welfare Adoption Procedure

Case Brief

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Parties

John Michael Hewett

Applicant

Kimberly Dawn Thomas Hewett

Applicant

Tumwebaze Emmanuel

Respondent

Procedural Posture

Family Cause / Ruling on Application for Legal Guardianship

Legal Issues

  1. 1 Whether the applicants should be appointed legal guardians of Tumwebaze Emmanuel.
  2. 2 Whether it is in the best interests of the child to allow the applicants to immigrate with him to the USA.
  3. 3 Whether the applicants are suitable and fit to be legal guardians.

Ratio Decidendi

The court found that Tumwebaze Emmanuel was abandoned and that all efforts to trace his biological parents or relatives had failed. The child was committed to the care of Mercy Child Care Ministry, which made further attempts to locate his family without success. The applicants, John Michael Hewett and Kimberly Dawn Thomas Hewett, are adult American citizens, married, and have both biological and adopted children. They have been assessed and recommended as suitable adoptive parents by welfare authorities in their home country and by Ugandan social welfare officers. The Home Study Report confirmed their emotional and financial readiness, absence of criminal history, and ability to provide...

Court Disposition

application granted

Orders

  • John Michael Hewett and Kimberly Dawn Thomas Hewett are appointed legal guardians of Tumwebaze Emmanuel.
  • The appointed legal guardians are permitted to immigrate with the child to the United States of America.