Eunice Belores Nyameku Vrs Thomas Kojo Asiamah [2022] GHADC 42 (7 February 2022)

IN THE FAMILY AND JUVENILE COURT ‘C’ AT THE FORMER COMMERCIAL COURT BUILDING, ACCRA, HELD ON TUESDAY, 7TH DAY OF FEBRUARY 2023 BEFORE HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT SITTING AS AN ADDITIONAL MAGISTRATE WITH MADAM VIDA DANQUAH AND MADAM PHILOMENA SACKEY AS PANEL MEMBERS. EUNICE BELORES NYAMEKU KASOA, OTA CITY APPLICANT SUIT NO. A6/58/23 VS. THOMAS KOJO ASIAMAH DANSOMAN, MATAHEKO ACCRA. Parties present No legal representation for both parties RESPONDENT CONSENT JUDGMENT The Applicant on the 10th day of January 2023 filed an Application praying for the following reliefs; a) An order for the Honourable Court compelling the Respondent to release the child in issue to the Applicant for her to have custody of same b) An order granting reasonable access to the Respondent c) An order by the Honourable court for the Respondent to re- enroll the child into school, pay school fees and anything connected to school. d) An order directed at the Respondent to see to the medical needs of the child, e) Any other orders deemed fit by the Honourable court. It is the Applicant’s case as deposed to in her Affidavit in Support that she was in a relationship with the Respondent resulting in the birth of a male child aged Three (3) years Eight (8) months. She deposed further that the Respondent had refused to let her have access to the child when the child was Three (3) years old and for the past Eight (8) months, she has not had access to the child let alone visitation rights to the child. She further deposed that the child is with the Respondent’s friend’s wife at Mateheko and have to seek permission from the Respondent before she can visit the child. She deposed that the guardian of the child leaves the house early and returns home late, due to this the child does not have enough rest. She prays for an order to compel the Respondent to release the child to her for her to have custody of same. The Respondent’s Case The Respondent in his Affidavit in Opposition deposed that the Applicant on four occasions dumped the child on him and during those periods, he was the one taking care of the child. He deposed he initially allowed the Applicant Access but she abuses the access by bringing the child to him at odd times which made him deny her weekend access with the promise of allowing her vacation holidays access but she refused. He deposed the child is residing with him and it is the wife of his brother who helps in taking care of the child as the child attend the same school with their daughter. He deposed he object to Applicant being granted custody as she cannot take proper care of the child and prays the Honourable court strike out Applicant’s claim and grant legal custody of the child to him. DETERMINATION: The matter came up for hearing on the 24th of January, 2023 and the Court referred the parties to the Court Connected Alternative Dispute Resolution (ADR) Centre to attempt an amicable resolution of the Applicant’s reliefs. Following a successful resolution of the dispute, the parties appended their signatures to the Terms of Agreement. Terms of Agreement Before the court is an ADR Terms of Agreement dated 31st January 2023, where the parties agreed on the following: 1. Custody: That Respondent shall have custody of the child. 2. Access: That Applicant shall have access to the child during school vacation. BY COURT: The Terms of Agreement dated 31st January 2023, signed by both parties before the Mediator; MADAM DORIS KOTEY and confirmed by both parties is hereby adopted and entered as Consent Judgment. The parties shall do well to abide by the Terms so agreed and the Orders made in the best interest of the child. ………………………………… H/H HALIMAH EL-ALAWA ABDUL-BAASIT. PRESIDING JUDGE I AGREE I AGREE ………………………………… ……………………….. MADAM VIDA DANQUAH SACKEY MADAM PHILOMENA PANEL MEMBER PANEL MEMBER