Motion on Notice for an Order varying or rescinding a particular court order (custody, support and care of child and financial provision)
SECTION 27(1) OF THE MATRIMONIAL CAUSES ACT, 1971 (ACT 367) AND ORDER 65 RULE 27 OF C.I. 47 “(2) The Court may, either on its own initiative or on application by a party to proceedings under this Act, make an order concerning a child of the household which it thinks reasonable and for the benefit of the child.”
SECTION 22 OF THE MATRIMONIAL CAUSES ACT, 1971 (ACT 367) “(1) In addition to the jurisdiction conferred by an enactment, the High Court, subject to that enactment or to any other enactment, (a) may, on an application by a person, and after hearing the objections to the application, appoint a person as a guardian or as joint-guardian for an infant, where the Court is satisfied that the appointment is desirable in the circumstances having regard to the welfare of the infant;”
SECTION 18 OF THE COURTS ACT, 1993 (ACT 459 AS AMENDED) “In such an application the paramount consideration is the welfare of the children. The court’s duty is to protect the children irrespective of the wishes of the parents. In the normal course, the mother should have the care and control of very young children, particularly girls or those who for some special reason need a mother’s care; and older boys to have the influence of their father. But Edmund Davies L.J. in Re C. (A) (an Infant); C. v. C. [1970] 1 All E.R. 309
at p. 313, C.A. said that there is no principle in custody cases that a boy of eight should other things being equal, be with his father; in all cases the paramount consideration is the welfare of the infant and the court must look at the whole background of the infant’s life and at all the circumstances of the case.”
OPOKU-OWUSU v. OPOKU-OWUSU [1973] 2 GLR 349 @ 354