How do I take my daughter from my ex husband?
Dear Mirror Lawyer, I'm a woman with a four-year-old daughter. My child's father does not have a fulfilling job and has not been supporting the child.
He periodically brings gifts, and I have been caring for this girl since she was born.
I recently got married, and my husband, who lives in the UK, intends to arrange for my child and me to join him there. I spoke with my child's father about this, and he declined to grant his approval because I married someone else instead of him.
In the meantime, he would not be able to care for this child financially or physically if I leave her with him.
Please, I will be joining my husband in a few months. What rights do I have as a mother?
Anima, Ahinsan
Dear Anima, every child born in Ghana must be cared for and fed by their parents or someone who oversees their care.
Regardless of the parents' identity, the court will prioritise the child's best interests and welfare when deciding on child custody and maintenance under Ghana's legislation, as provided in Section 2 of the Children’s Act 1998 (Act 560).
Every parent or guardian is required by law to give their child a healthy life, a basic education, and a suitable place to live, in accordance with section 47(1) of the Children’s Act.
When a child's parents are no longer together, the court may grant custody to one or both. In doing so, apart from the child's welfare, which is the utmost factor, the court shall consider the following before granting custody of the child to anybody,
• The age of the child and whether the child needs special care or attention.
• The relationship between the child and the parent who wants custody.
• The character and/or financial position of the parent.
Concerning a child's age and special needs or care, it is believed that a young child and/or a child who needs special care/attention should be nursed by the mother because of the natural affection most women tend to have for babies/children.
As a result, the court is likely to award custody of a four-year-old child to the mother, as the child is young and will need the mother's special assistance and affection.
Additionally, before a court may grant custody of a child to anyone, the court shall consider the relationship between that child and the person seeking custody.
Since the court seeks the best for the child and looks forward to the child's happiness, the court will not grant custody to a parent with whom the child has no relationship or has not been in a relationship with for a very long time, irrespective of the child's age.
This is because, at the time of the application, the child may have adapted to her environment to the point that a change of environment could affect her mental state.
Also, the court shall consider the parents' character and/or financial position. In granting custody, the court will consider whether the parent seeking custody has a stable, permanent place to live, is employed, and is financially stable to care for the child.
If that parent begs for alms before they can feed themselves, the court will not grant custody to that parent.
Though it is stated that custody of a young child shall be given to the mother, once the character of the mother is questioned, and it has been proved that the character or behaviour of the mother is uncontrollable and dreadful, the court will not give custody to the mother since such character is likely to be detrimental to the well-being of that child.
This was espoused in Happee v. Happee, where the woman was found guilty of insulting her husband in public.
Based on the facts you provided, I recommend seeking legal counsel and filing a custody petition with the court.
Since your daughter is just four years old, has lived with you since childbirth, and you have been taking care of her financially, the court may grant you custody, especially where the father has unreasonably withheld consent, although he cannot provide financially for the child.
However, because you want to take the child outside Ghana, you have to prove to the court that the biological father cannot provide for the child, that the financial standing of your husband abroad is good and that anytime the child becomes of age and would like to visit the father you will provide her with financial assistance to do so because the father is the natural guardian of the child.
