HOW TO LEGALLY BECOME A GUARDIAN IN CAMEROON
Legal Guardianship in Cameroon is the quickest legal arrangement for the maintenance and care of a child or children whose parents are no longer capable of raising them due to financial incapacitation or any other issues. The care, custody, and welfare of children under the age of 18 years are enshrined in the regulatory framework that includes institutions and laws. How to legally become a guardian in Cameroon is an issue for determination. The purpose of this is to ensure children and young persons are not exploited or neglected by unsuspecting parties.
For a person to exercise legal rights, power, and obligations over a child or young person, there must be a prior application and obtainment of the requisite approval from the relevant authorities. Failure to legally become a guardian in Cameroon and obtain approval for the child in contemplation is an offense punishable by law.
The rules of the court regulate proceedings relating to the rights, advancement, and welfare of a child in Cameroon. Generally, the Child Right Act provides and guarantees protection to children and young persons throughout Cameroon
LEGAL GUARDIANSHIP IN CAMEROON
Legal guardianship in Cameroon is one of the options of legal arrangements to be applied for in the care, custody, benefits, and welfare of a child whose parents are incapable of raising them. In this option, there is usually an existing parental tie such as a relationship between a child and a step-parent or grandparent. In ordinary parlance, the parents of a child automatically retain the positions of legal guardians for the child. However, in the absence of the parents or one of the parents, a family member or an unrelated party or the proper authority can be appointed as the Legal Guardian with the capacity to exercise parental responsibilities for the child.
FILING FOR GUARDIANSHIP IN CAMEROON
When contemplating filing for guardianship in Cameroon, the Courts that have the jurisdiction to hear the application for Legal Guardianship are the High Courts and Courts of First Instance Cameroon
The proceedings for the suit or application to Legally become a Guardian in Cameroon are initiated by an Affidavit or Originating Motion filed at the Registry of the High Court or Court of First Instance as decided by the applicant. The Originating Motion is heard by the High Court Judge or Court of First Instance.
The Originating Motion shall contain the following information before one can legally become a guardian in Cameroon;
- The relief and remedy sought by the applicant of legal guardianship in Cameroon
- The full name, address, phone number, and email address of the applicant
- The full name, address, phone number, and email address of the Respondent (person to respond or likely to object to the application.
- The address, phone number, and email address of the legal practitioner that filed the application.
- The motion must be supported by evidence of the fitness of the applicant.
The Originating Motion must also be supported by the followings:
- A statement of Case: this contains the name and full description of the applicant and respondent, the reliefs sought by the applicant, the grounds for relief which fully explain why the applicant is seeking legal guardianship for the contemplated child, and facts in support of the grounds listed.
- An affidavit of facts: This generally contains the summary of facts already stated in the statement of the case. It must also contain the documents attached to aid the application to legally become a guardian in Cameroon. For example, in the case of dead parents, a certificate of death will be attached; respondents’ consent if any; evidence of medical fitness of the applicant; any document that evidences sufficient financial means of the applicant and in some cases photographs of the house the child will live in after the application is granted.
- Statement of arrangement for children if any when filing for guardianship in Cameroon
- Statement of truth verifying the above processes filed by the applicant as true and within the best knowledge of the person deposing to the statement.
- And any other documents necessary to legally become a guardian in Cameroon.
By and large, the following documents must accompany the suit or application for Legal guardianship in Cameroon:
- International Passport data page of the Applicant
- Birth certificate of the applicant
- Birth certificate of the children to be adopted
- Marriage certificate of the applicant (if applicable)
- Evidence of school fees payment for subjects (if any)
- Death certificate of any parent of the children to be adopted (if applicable)
- Applicant consent to the guardianship
- Respondent consent to the guardianship
- Evidence of a medical certificate of fitness of the applicant
- Contract of employment of applicant (if any)
- Photograph of the applicant’s home.
It is essential to further state that Legal Guardianship in Cameroon can come to an end when the child reaches the age of 18 years.
HOW TO LEGALLY BECOME A CHILD’S GUARDIAN
The Court can make an order appointing a person fit and suitable as a child’s guardian after a satisfactory assessment report of the applicant. The conditions upon which the Court can reject the application are where the applicant cannot competently conduct proceedings on behalf of the child, the applicant has an adverse interest in that child, and does not undertake to pay any cost in relation to the proceedings.
Finally, where the order of legal guardianship in Cameroon has been granted to anyone in respect of a child, such person shall also be permitted to travel outside the country with the child, if the order to do so is sought together with the guardianship order from the court during the filing of the application or suit or affidavit.
Article by Barr. Mafany victor Ngando
“The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance