Guardianship is not defined under the Children laws of Uganda however; it can be defined to mean a person having parental responsibility for a child.
A person who is not a citizen of Uganda cannot be eligible to apply for legal guardianship and an application of this kind is only made by a person above the age of eighteen years (18).
Except where the applicants are spouse or a couple, an order for guardianship cannot be authorized to more than one person.
The effect of a guardianship order is that; it vests parental responsibility of a child in the guardian. The order remains in force until the child in relation to whom it is issued attained the age of eighteen years. And in case of death of the guardian or suffering from infirmity of the body or mind, the guardianship ceases to apply
Application for legal guardianship of a child;
- The applicant has to be above 18 years of age
- Application is made to the High Court by a petition
- The petition should be accompanied by a report of the probation and social welfare officer
In conclusion, the guiding principle in case of guardianship is the welfare of the child. Whatever decision is taken by the Court, it must be in the interest of the child.
See; Re Okot Lawerence, Ikeda & Beatrice Ikeda (infant) Misc. Cause No. 229/1993
In the Matter of Ayla Mayanja Misc. App No. 02 of 2003
Disclaimer
No information contained in this alert should be construed as legal advice from Centre for Public Interest Law or the individual authors, nor is it intended to be a substitute for legal counsel on any subject matter.
For additional information in relation to this alert, please contact the following:
Gad A. Kisaalu
Legal Officer, Litigation & Advocacy.
legal@cepiluganda.org
