Court Orders Retrieval Of Child From Unlawful Detention By Mother

The Family and Juvenile Court in Accra has ordered the Director of Social Welfare to assist in retrieving a four-and-a-half-year-old girl (name withheld), who is being unlawfully detained by her mother, Karen Baaba Sam.

This directive follows the court’s earlier ruling that granted temporary custody of the child to her father, Kwadwo Adjei, with Ms. Sam being granted access.

Presiding over the matter, Her Worship Bernice Mensimah Ackon, alongside panel members, Madam Gifty Okai and Mr. Joseph Attigah, emphasised that Ms. Sam’s actions defy express court orders and infringe upon the child’s educational rights.

The court expressed concern that Adele’s welfare and development, including her right to education, are being compromised due to her mother’s actions.

In the ruling, it stated: “The child is to be in school. The Director of Social Welfare is hereby ordered to aid in the retrieval of the said child….. as her educational rights are being infringed upon.”

Background of the Case

The custody dispute stems from allegations raised by Mr. Adjei (Applicant) against Ms. Sam (Respondent) regarding her lifestyle and its potential impact on their child.

Mr. Adjei detailed concerns about Ms. Sam’s alleged behaviour, including neglecting the child during late-night outings and exposing her to unsuitable influences.

Ms. Sam’s alleged involvement in an inappropriate relationship, which Mr. Adjei claims affected her ability to provide proper care for the child.

Reports of substance use and neglect, including leaving the child unsupervised during trips, and exposing her to potentially harmful environments.

The court document sighted by The Chronicle reads: “The Applicant says that somewhere in February 2024, whilst Applicant was out of the country for a medical check-up, the Respondent called and suggested to the Applicant that Respondent wanted to take the children out of Accra to a beach front resort.

The Applicant says that the Respondent settled on a place where the Applicant transferred an amount of GH¢50,000.00 to the Respondent for their benefit and use”

According to the document, the Applicant states that, without his knowledge, the Respondent took her alleged lover, one Albert Obimpeh Abedi, along to the resort, where they spent the entire time together at the Applicant’s expense.

Furthermore, the Applicant alleged that the Respondent instructed the children, including his daughter ……. not to disclose anything to him.

However, the Applicant recounts that, upon returning to Ghana, he decided to spend time with the children at Big Blue Resort, where he uncovered his worst fears.

The Applicant explains that his daughter….. recognised the resort, identified her room and revealed that it was the same place “Mummy and Uncle Pigy” had taken them previously.

The Applicant states that his daughter confirmed witnessing the Respondent and Albert Obimpeh Abedi, also known as “Uncle Pigy,” smoking excessively during their stay at the resort.

The Applicant further claims that when he confronted the Respondent about the issue, she hastily packed her belongings, abandoned the house and left the children in his care.

Since the Respondent’s departure, the Applicant reports that his daughter and the other children have been living comfortably and peacefully with him, as he is committed to making the necessary sacrifices to ensure their proper upbringing.

The Applicant states that the house help recently came close to losing her life after consuming a biscuit laced with Indian hemp, commonly known as a “weed biscuit,” which had been left unattended in the house.

Testimonies from domestic staff and other witnesses corroborated claims of misconduct and negligence. According to Mr. Adjei, the child has been thriving under his care since Ms. Sam’s departure from the family home.

He has assured the court of his commitment to the child’s well-being, requesting that custody be permanently granted to him with supervised access for Ms. Sam.

The case is expected to continue as the court deliberates on a final custody arrangement that serves the best interest of the child.

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