ISLAMIC UNIVERSITY IN UGANDA

FAMILY LAW II
GROUP 7 COURSE WORK
“OTHER COURT ORDERS FOR CHILDREN”

NAME REG.NO SIGNATURE

ASEKWO BRIDGET 121-053011-23887
BIRABI ZAKE 121-053011-24212
KULANYI CHELANGANT 121-053011-22070
EZEKIEL
MUSIBIKHA RACHEAL 121-053011-25487
KAINEMBABAZI MARTHA 121-053011-24125
AMANDU BENSON 121-053011-23734
KIIZA JAMES 121-05301124820

KWEMOI DAN 121-053011-24668

OTHER COURT ORDERS FOR CHILDREN
A court order is a directive issued by a judge that directs a person or organization to do something or
establishes a legal agreement. In children matters, court orders are directives issued by a judicial
personnel for protection, wellbeing, among others of a child.

Other court orders include foster care placement order, care order, supervision order, exclusion order,
recovery order and search and production order.

FOSTER CARE PLACEMENT ORDER

This means an order by court for placement of a child with a person who is not his or her parent or
relative and who is willing to undertake the care and maintenance of the child.

Foster care placement is defined under part 1 section 1 of the children act cap 59 to mean the
placement of a child with a person who is not his or her parent or relative and who is willing to
undertake the care and maintenance of the child.
The person therefore willing to take the child is called a foster parent and is defined under
schedule 2 of the children act as to mean a person with whom a child is placed.
The foster care placement order is governed by the foster care placement rules provided under
schedule 2 of the children act.
Persons qualified to foster children.
Rule 4 of schedule 2 of the children act provides that any person interested in fostering a child
shall complete the application form specified in Form 1 of the Schedule to these Rules and
submit it to the district probation and social welfare officer or to the warden of an approved
home.
However, not every person qualifies to foster any child, there are qualifications to be taken in
respect of the child to be fostered and among others they include the following below as
provided under rule 5 of the second schedule of the children act;

 Husband and wife, but if a man has more than one wife, the name of the wife who is to
be the foster mother shall be clearly stated.
 A single woman not below the age of twenty-one years. For a person to qualify to be a
foster parent, she must be of at least 21 years of age.
 A single man not below the age of twenty-one years. A single man can qualify to foster if
he is above the age of 21 years.
 A single man may not foster a female child under this Act. This corresponds with
morality and responsibility to take care of the child.
 A non-Ugandan citizen residing in Uganda is qualified to apply to be a foster parent. This
was seen in Re: Katamba Francis and Nakitende jenny where the Judge declined to
 allow application for adoption by the American citizens but allowed them to continue
fostering the children.
The procedure before placement.
For a foster care order to be granted to the willing foster parent, some procedures must be
undertaken as provided under Rule 6 of the second schedule of the children act which include
the following below;
 A probation and social welfare officer has to interview the prospective foster parent and
assess that he or she is a suitable person to foster a child. Therefore, if the person is
found unsuitable for the child, the court may not grant the order.
 A probation and social welfare officer has to visit the home of the prospective foster
parent and confirm in writing that it is likely to meet the requirements of the particular
child and that the conditions in it are satisfactory. Therefore if the case is contrary, court
may decline from granting the order.
 Two persons who know the prospective foster parent well have to vouch for his or her
good character and suitability to care for the child, and one of the two persons must be
the secretary for children’s affairs of the village local council or the village chief. This
means that recommendation is required in favour of the person for him or her to be
granted the order by court.
 It must be established from the secretary for children’s affairs of the council or the
person in charge of any government medical unit in the area that no person in the
household of the prospective foster parent is suffering from any physical or mental
illness likely to affect the child adversely.
 The secretary for children’s affairs or the officer in charge of the police station in the
area must also establish that no person in the home has been convicted of a serious
criminal offence rendering it undesirable for the child to associate with that person.
 The probation and social welfare officer concerned with the fostering must make a
written report containing the details of the name, approximate age, religion and
employment of the prospective foster parents and the number and approximate ages of
other persons living in the household of the prospective foster parent.
Conditions for foster care placement
The following conditions must be put into consideration before granting a foster care order to
any person;
The prospective foster parent must be willing to undertake the care of the child. Section 43 (1)
of the children act provides that; Where a child has been committed to an approved home
under a care order, the district probation and social welfare officer, in conjunction with the
warden of the approved home, may place the child with a person who is willing to undertake
the care and maintenance of the child,
The foster prospective parent must make an application to the district and social welfare officer
except if the person is a relative of the child. Section 43(2) of the children act provides that; An
application to foster a child shall be made to the district probation and social welfare officer,
except that a relative of a child without a parent or guardian may foster the child without first
applying to the district probation and social welfare officer, and this Part shall not apply to him
or her.
Religion of a child is also a condition to be considered. Rule 7 of the second schedule of the
children act provides that; Where a child’s religion is known, the child shall be placed with a
foster parent who is of the same religion as the foster child; but where that is not possible, the
foster parent shall undertake to bring up the child in accordance with the religious
denomination of the child.
Termination of placement.
The order of placement is terminated where it appears that the placement is no longer in the
best interest of the child. This is provided under rule 13 of schedule 2 of the children act which
stipulates that, a child shall not be allowed to remain with a foster parent where it appears that
the placement is no longer in the best interests of the child
It is also terminated where the child has attained the age of 18 years. This is also provided
under rule 13 of schedule 2 of the children act that a child shall not be required to remain in
the care of a foster parent after he or she has attained the age of eighteen years.

CARE ORDER
A care order is defined under section 1(f) as a care order made under part v of the children’s
act and include interim care order.
Section 27(1) of the children’s act 2016 as amended provides that a family and children court
may on application to a probation and social welfare officer or authorised person make care
order or an interim care order placing a child in the care of warden of an approved home or
with foster parents.
An approved home is defined under section 1(a) of the children’s act as amended in 2016 as a
government or nongovernmental home approved by the minister to provide substitute family
care for a child and includes a babies home and children’s home which provides care and
accommodation for children aged below six years and between three and under eighteen years
respectively.
In the case of Samuel Hodgkin ( an infant) no 213 of 2010 the child was abandoned at
Musobya Edith’s hotel by the father, the hotel owner then reported the matter to the child and
family protection unit Jinja central police station. The officer in charge referred the child to
welcome home Africa with a letter for care and protection. The family and children court in
Jinja placed the care and protection order of Samuel with welcome home ministries. In this case
the approved home is welcome home Africa.
A foster parent is defined by section 1(v) of the children’s act as amended in 2016 as a person
not being the biological mother, father or relative of the child who assumes parental
responsibility of the child by way of a Care order.
An interim care order.
It is provided for under section 33 of the children’s act as amended. A family and children court
may on hearing information on oath by a probation and welfare officer or an authorized person
that the child is suffering or likely to suffer significant harm make an interim supervision and
care order in respect to the child. An interim care order cannot be made unless a child is
suffering or likely to suffer significant harm. The duration for an interim care order is three
months though the court may prescribe a lesser time. The probation and welfare officer can
recommend a full care order by presenting a report to the court during the interim period
Purpose of a care order
Section 28 of the children’s act as amended provides for the purpose of a care order. The
purpose include;
1. To remove a child from a situation where he or she is suffering or likely to suffer
significant harm.
2. A care order assists the child and those with whom he or she is living or wishes to
Grounds of making a care order
The grounds of making a care order are provided for under section 21 of the children’s act as
amended. It states that, a family and children court may make an order under this part , if it is
satisfied that
a. A child concerned is suffering or likely to suffer significant harm
b. That the harm, or probability of harm is attribute to the care given to the child or likely
to be given to the child if the order were not made.
c. le to expect a parent to give a child or the child is beyond parental control.
Section 27(2) also provides for when an application for a care order can be made. A care order
can be applied for only if;
• All other alternative methods of assisting the child have been tried without success.
• The significant harm from which the child is suffering or is most likely to suffer requires
his or her removal from where he or she is living
• The danger to which the child is exposed is so severe to require his or her immediate
removal.
Duration of the care order
This is provided for under section 29 of the children’s act as amended. It states that a care
order shall have a maximum period of eight years.
The care has to be reviewed once in each year by the probation and social welfare officer .
Persons who can apply for discharge or variation of a care order.
It is provided for under section 39 of the children’s act as amended.
The following person’s may apply for a discharge of supervision or care order to be discharged
or varied
• The child concerned, the child who the care order is made for can apply for the care
order to be discharged or varied.
• The child’s parents or guardian can also apply.
• A person who has parental responsibility.
• A person with whom the child has been living with before the care order was made.
• The probation or social welfare officer can also apply for discharge or variation of a care
order.

Special duties of the probation and social welfare officer in relation to care order.
Provided for under section 32 of the children’s act as amended.
• The probation and social welfare officer shall, before and
After the termination of the care order, work with the parents, guardians or
Relatives, to whom the child is expected to return after the termination of the
Care order.
• The duties of the probation and social welfare officer under
This section include child and family counselling, before, during and after
The child’s return and gaining the assistance of those in the community who
Can help in the process of resolving the problems which caused the care
Order to be made.
• In carrying out his or her duties under this section, the
Probation and social welfare officer shall bear in mind the wishes of the
Child.
• When a child is placed with a foster family, it shall be the
Responsibility of the probation and social welfare officer to communicate
With the guardians or parents of the child, to inform them of the progress of
The child and to arrange a trial period for the child to be at home as soon as
It is appropriate.
Parental responsibility of warden or foster parent.
Provided for under section 31 of the children’s act.
The responsibilities are;
• Child’s contact with parents and relatives if it is in the best interest of the child.
• Ensure child development in terms of health while in their care and that their education
is catered for.
• To communicate with the parents and relatives of the child and inform them about the
child’s progress.
• To arrange with the probation and welfare officer the trial return home of the child.
The suitable court of judicature in application for a care order.
Section 14(1b) of the children’s you as amended provides that a family and children court shall
have powers to hear and determine applications relating to child care and protection.
In the case of Kusememerewa George Francis v Yozefu Baguma (civil revision 3 2008], it was
held that the family and children court had no jurisdiction over land disputes that this went
beyond the issues of child care and protection.

EXCLUSION ORDER
This means a court order excluding a person from a particular place, especially to prevent a
crime being committed.
In family law however, it means an alternative to removing a child from a dangerous situation,
therefore, court can make an order which removes a person from child’s home suspected of
causing danger or being likely to cause danger to the child.
This may be appropriate in cases such as domestic abuse where the perpetrator does not
voluntarily leave the home.
This is provided under section 34(1) of the children act which stipulates that; A family and
children court may, in addition to, or in proceedings for a supervision order, care order, interim
supervision or interim care order, make an exclusion order prohibiting a named person from
having contact with the child or with the child and persons looking after the child.
Section 34(2) also provides that before making an exclusion order, a family and children court
shall be satisfied that it is necessary for the protection of the child and to safeguard the child’s
welfare.
The duration of the order may be specified by the family and children court as provided under
section 34(3).
Enforcement of the exclusion order
As provided under section 35(1) of the children act, any person who breaches an exclusion
order commits an offence and shall be dealt with in accordance with this Act, except that the
probation and welfare officer may proceed on behalf of the State against the offender and a
family and children court may vary or discharge an exclusion order on the application of the
person named in the order or of the child concerned as provided for under section 35(2) of the
children act.

RECOVERY ORDER
This is a court order which can require a child to be returned to the parent of the child, a person
who has parenting order which states the child is to live with, spend time with, or a person who
has parental responsibility for the child.
It is provided under section 62 of the children act that, when a court has been informed on
information on oath that a child has been removed unlawfully from an approved home, it may
make a recovery order.
And an approved home is defined under section 1 of the children act as to mean a Government
or nongovernmental home approved by the Minister to provide substitute family care for a
child and includes a babies’ home and children’s home which provide care and accommodation
for children aged below six years and aged between three to under eighteen years respectively.
Section 61 of the act provides that a person who removes a child from an approved home
without reasonable cause commits an offence. Therefore, court may make a recovery order in
regards to the following as stipulated under section 62(2);

 Direct any person who is in possession of the child to produce him or her on request to
any authorized person.
 Require removal of the child by any authorized person.
 Require any person who has information leading to the child’s whereabouts to disclose
it.
 Authorize search of any premises where the child is believed to be staying; and
 Specify the name of the child in question and the person who has the current main
parental responsibility.
Application for recovery order may be made by either a person with parental responsibility for
a child or the probation and social welfare officer as provided under S.63 of the children act.

SEARCH AND PRODUCTION ORDER.

Under Section 36 Children Act (Amended) 2016 A family and children court may, in
proceedings for an application for a care order, on hearing information on oath, make a search
and production order authorizing the probation and social welfare officer, with or without a
police officer, to enter any premises specified in the order to search for and remove to a place
of safety, any child whom the probation and social welfare officer believes or suspects is
suffering or is likely to suffer significant harm.
Before searching the specified premises, the probation and social welfare officer holding the
order shall inform the secretary for children’s affairs of the local government council of the
area.
A child removed on a search and production order shall be produced in court within forty-eight
hours after his or her removal.

SUPERVISION ORDER
Section 1(kk) defines supervision order to mean an interim supervision order. And the
supervisor shall be the person under whose supervision a child has been placed under a
supervision order or an interim supervision order.
Section 17 and 19 of the children’s act, families and children’s court shall not make a
supervision order unless it considers that doing so would be beneficial to the child.
On the application of a probation and social welfare officer or an authorized person, a family
and children court may make. A supervision or interim supervision order placing a child under
the supervision of a probation and social welfare officer while leaving the child in the custody of
his or her parents or relatives.
Section 22 of the children’s act states that before making an application for a supervision
order, the probation and social welfare officer or an authorized person shall be satisfied that
the local government councils from village to sub county level where the child resides have
dealt with the matter without success. There is no need for continuous supervision enforced by
a court order.
Section 23 of the children’s act highlights the duties of a supervisor while a supervision order is
in force and they are;
(a) To be friendly to, advise and assist the supervised child;
(b) To advise the parents;
(c) To make plans for the child’s future in consultation with the child and his parents or
guardian
(d) To apply to the court to discharge or vary the order if necessary ;
(e) To take such other reasonable steps as may be necessary to reduce the harm to the
child.
Section 24 of the children’s act gives the duration of the supervision order which states that;
1. A supervision order shall be made for one year but may be extended for one further
year on the application of the probation and social welfare officer.
2. An extension of a supervision order shall require a written report by the probation and
social welfare officer
3. A supervision order shall terminate when the child to whom it relates attains eighteen
years of age