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Uganda Act or statute

Parliament of Uganda

Children Act

This section provides definitions of terms used in the Act. Parents and the State must take steps for early assessment, treatment, rehabilitation and equal education opportunities for children with disabilities or…

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Uganda
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80 provisions
Citation
Chapter 62
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Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions of terms used in the Act.”

This section provides definitions of terms used in the Act. Parents and the State must take steps for early assessment, treatment, rehabilitation and equal education opportunities for children with disabilities or special needs; parents/guardians (with a medical practitioner) must identify such children; the Government must provide necessary facilities for identified children; children are entitled to suitable education; contravention is an offence with fines or imprisonment. Defines 'child' as a person below the age of eighteen years. When deciding questions about a child’s upbringing, property administration or income from that property, the State, courts, tribunals, local authorities and any person must treat the child’s welfare as the paramount consideration; courts and others must also avoid delay because delay is likely prejudicial. Lists rights of every child (including living with parent/guardian, expression, registration, name/nationality, inheritance, non-discrimination, legal aid, and rights under international conventions). Requires witnesses to report abuse and prescribes penalties for contraventions and failures to report.

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National Children Authority - Functions of specialised committees

Each specialised committee must recommend, report to, and advise the Board on policy matters in its sector of child survival, development and protection; the Board may delegate functions to a specialised committee subject to limitations from the Authority.

Section 21

Guardianship - Conditions for guardianship

Before making a guardianship order the court must be satisfied of specified conditions about the child and the applicant; it must not make an order if the applicant paid for the guardianship; the court may dispense with required consent on specified grounds;…

Section 78

Miscellaneous - Power to amend Schedules

The Minister responsible for finance may, by statutory instrument and with Cabinet approval, amend Schedule 1; the Minister may, by statutory instrument, amend Schedules 2 and 3.

Section 160

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Showing 80 of 80 provisions

Provision 60Offence 15Substitution 3Interpretation

Part 1

Interpretation

§ 1Interpretation - InterpretationSubstitution

This section provides definitions of terms used in the Act.

Section Interpretation Section In this Act, unless the context otherwise requires— “ alternative care ” means formal care options availed to a child without parental care; “ approved home ” means a Government or non-governmental 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; “ authorised person ” means an official or other person authorised expressly or impliedly to perform the act in question; “ Authority ” means the National Children Authority established under section 11 ; “ Board ” means the Board of Directors established under section 13 ; “ care order ” means a care order made under Part VI of this Act and includes an interim care order; “ Chairperson ” means a Chairperson of the Board of Directors; “ chief magistrate’s court ” means a magistrate’s court presided over by a chief magistrate; “ child exploitation ” means the employment of a child in activities from which other people derive a benefit, whether financial, sexual or political and includes activities such as child trafficking , child prostitution, child pornography and involvement of children in armed conflict; “ child labour ” means work that is mentally, physically, socially or morally dangerous and harmful to a child , and the circumstances under which it is performed jeopardises the health, safety, morals and education of a child ; “ child marriage ” means any union whether formal or informal involving any person below the age of eighteen years for the purpose of living as husband and wife; “ child neglect ” means the failure to provide for the basic physical, emotional and developmental needs of a child , in areas such as health, education, emotional development, nutrition, shelter and safe living conditions, which cause or have a high probability of causing impairment to a child ’s health or physical, mental, spiritual, moral or social development; “ child pornography ” means any representation through publication, exhibition, cinematography, indecent show, through information technology or by whatever means, of a child engaged in real or simulated explicit sexual activity, or any representation of sexual parts of a child for primarily sexual purposes; “ child trafficking ” means recruitment, transportation, transfer, harbouring or receipt of a child by means of threat or use of force or other forms of coercion, abduction or fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation; “ children with special needs ” means children who have long-term physical, mental, intellectual or sensory impairments which may hinder their full and effective participation in society on an equal basis with others; “ competent authority ” means an official or body or other person authorised expressly or impliedly by any enactment or otherwise to perform the act in question; “ corporal punishment ” means any punishment in which physical force is intentionally used to cause pain or injury to a child , and includes punishment which is intended to belittle, humiliate or ridicule a child ; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ custodian ” means a person in whose care a child is physically placed; “ detention centre ” means a detention centre within the meaning of section 142 ; “ exclusion order ” means an exclusion order made under section 60 ; “ foster care placement ” means 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; “ foster parent ” means 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 ; “ guardian ” means a person having parental responsibility for a child; “ joint custody ” means an order granting custody of a child to two or more persons; “ joint guardianship ” means two or more persons having parental responsibility of a child; “ local authority ” means a local government council; “ member ” means a member of the Board of Directors; “ Minister ” means the Minister responsible for children’s welfare; “ parent ” means the biological mother or father or adoptive mother or father of a child ; “ parental responsibility ” means all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child; “ person in a position of authority ” has the meaning assigned to it by section 114 ; “ place of safety ” means a place where food, protection and accommodation are provided by a fit person to a child to whom section 63 applies; “ relative ” means a person connected with another or others by blood or marriage; “ remand home ” means a place declared by the Minister to be a remand home under section 136 or any other place declared to be a remand home under any other enactment; “ Rules Committee ” means the Rules Committee provided for by section 44 of the Judicature Act; “ significant harm ” means significant harm within the meaning of section 47 ; “ supervision order ” means a supervision order made under Part VI of this Act and includes an interim supervision order; “ supervisor ” means the person under whose supervision a child has been placed under a supervision order or an interim supervision order ; “ violence ” means any form of physical, emotional or mental injury or abuse, neglect, maltreatment and exploitation, including sexual abuse, intentional use of physical force or power, threatened or actual, against an individual which may result in or has a high likelihood of resulting in injury, death, psychological harm, mal-development or deprivation; “ welfare report ” means a welfare report within the meaning of section 46 .
Section 1

Part II

Rights of child

§ 10Rights of child - Children with disabilities and children with special needsOffence

Parents and the State must take steps for early assessment, treatment, rehabilitation and equal education opportunities for children with disabilities or special needs; parents/guardians (with a medical practitioner) must identify such children; the Government must provide necessary facilities for identified children; children are entitled to suitable education; contravention is an offence with fines or imprisonment.

Section Children with disabilities and children with special needs Section The parents of children with disabilities and children with special needs and the State shall take appropriate steps to see that those children are— assessed as early as possible as to the extent and nature of their disabilities and special needs; offered appropriate treatment; and afforded facilities for their rehabilitation and equal opportunities to education. A parent or guardian shall in liaison with a qualified medical practitioner be responsible for the identification of a child with disabilities or a child with special needs. In the event that a child is identified with any disability or special needs, such a child shall be afforded such facilities as are necessary to address his or her needs by the Government. A child with disabilities or a child with special needs shall have access to such education suitable to address their disabilities or special needs. A child shall not be discriminated against on account of their disability or special needs. Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term of five years, or both.
Section 10
§ 2Rights of child - Definition of childInterpretation

Defines 'child' as a person below the age of eighteen years.

Section Definition of child Section A child is a person below the age of eighteen years.
Section 2
§ 3Rights of child - Welfare and guiding principlesProvision

When deciding questions about a child’s upbringing, property administration or income from that property, the State, courts, tribunals, local authorities and any person must treat the child’s welfare as the paramount consideration; courts and others must also avoid delay because delay is likely prejudicial.

Section Welfare and guiding principles Section In determining any question under subsection (1) , court or any other person shall have regard to— The welfare of the child shall be of paramount consideration whenever the State, a court, a tribunal, a local authority or any person determines any question in respect to the upbringing of a child, the administration of property of a child, or the application of any income arising from that administration. In all matters relating to a child , whether before a court of law or before any other person, regard shall be had to the general principle that any delay in determining the matter is likely to be prejudicial to the welfare of the child . the ascertainable wishes and feelings of the child concerned, with due regard to his or her age and understanding; the physical, emotional and educational needs of the child ; the likely effects of any change in the circumstances of the child ; the child ’s sex, age, background and any other circumstances relevant in the matter; any harm that the child has suffered or is at the risk of suffering; and where relevant, the capacity of the parents of the child , guardian or any other person involved in the care of the child, and in meeting the needs of the child.
Section 3
§ 4Rights of child - Rights of childSubstitution

Lists rights of every child (including living with parent/guardian, expression, registration, name/nationality, inheritance, non-discrimination, legal aid, and rights under international conventions). Requires witnesses to report abuse and prescribes penalties for contraventions and failures to report.

Section Rights of child Section Every child shall have the right to— live with his or her parent or guardian ; where capable, express his or her view, belief or opinion on any matter that affects his or her well-being; access any information to which a parent , guardian or other person in authority deems critical to the well-being of the child; be registered after birth; a name and nationality; inherit property where applicable; safety, privacy, information and access to basic social services; leisure which is not morally harmful and the right to participate in sports and positive cultural and artistic activities; use any social amenities or other resources available in any situation of armed conflict or natural or man-made disasters; be treated without discrimination of any kind, irrespective of his or her race, colour, religion, belief, age, family status, culture, language, ethnicity, nationality, social origin, citizenship, gender, disability if any, political or social opinion, property or any other condition; effective legal aid including representation in all civil, criminal and administrative proceedings; and exercise, in addition to all the rights stated in this Act, the rights set out in the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, with appropriate modifications to suit circumstances in Uganda, that are not specifically mentioned in this Act. Subject to subsection (1)(a) , where a competent authority determines in accordance with the laws and procedure applicable that it is in the best interest of the child to separate the child from his or her parent , the best substitute care available shall be provided for the child. Any person who contravenes the provision of subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both. Subject to subsection (1)(e) , where a child is deprived of his or her identity, the Government shall provide appropriate assistance and protection, with a view to establishing his or her identity. A person who witnesses an abuse against the rights of a child shall, as soon as possible, report the matter to the police or any authority responsible for child welfare. Any person who fails to comply with subsection (4) commits an offence and is liable, on conviction, to a fine not exceeding twenty currency points or to imprisonment for a term not exceeding one year, or both.
Section 4
§ 5Rights of child - Duty to maintain childProvision

Parents, guardians or anyone with custody must maintain the child; the duty grants children rights to education, immunisation, adequate diet, clothing, shelter and medical attention and requires protecting them from discrimination, violence, abuse and neglect.

Section Duty to maintain child Section It shall be the duty of a parent , guardian or any person having custody of a child to maintain that child and, in particular, that duty gives a child the right to— education and guidance; immunisation; adequate diet; clothing; shelter; and medical attention. Any person having custody of a child shall protect the child from discrimination, violence , abuse and neglect.
Section 5
§ 6Rights of child - Parental responsibilityProvision

Every parent or guardian is entitled to parental responsibility for their child.

Section Parental responsibility Section Every parent or guardian shall have parental responsibility for his or her child. Where the natural parents of a child are deceased, parental responsibility may be passed on to relatives of either parent , or by way of a care order , to the warden of an approved home , or to a foster parent .
Section 6
§ 7Rights of child - Harmful customary or cultural practicesOffence

Persons must not expose children to customary or cultural practices that are harmful to their health, well‑being, education or social‑economic development.

Section Harmful customary or cultural practices Section A person shall not expose a child to any customary or cultural practice that is harmful to his or her health, well-being, education or social-economic development. For purposes of this section, “harmful customary or cultural practice” means any activity that is mentally, physically, socially or morally harmful to a child and includes an activity that interferes with the education and social development of a child . Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty-eight currency points or to imprisonment for a term not exceeding seven years, or both.
Section 7
§ 8Rights of child - Harmful employmentProvision

A person must not employ or engage a child in work that may be harmful or hazardous to the child's health or development.

Section Harmful employment Section A person shall not employ or engage a child in any activity that may be harmful or hazardous to his or her health, or his or her physical, mental, spiritual, moral or social development. Subject to subsection (1) , the minimum age of employment of a child shall be sixteen years. For the purpose of this section, “harmful or hazardous employment” includes work which exposes a child to physical or psychological torture, sexual abuse, work underground, work at dangerous heights or in confined spaces, work with dangerous machinery, equipment and tools, or manual handling or transportation of heavy loads, work with chemicals and dangerous substances, work under extreme temperatures, high levels of noise, or working for longer hours; or any other form of child labour which includes slavery, trafficking in persons, debt bondage and other forms of forced labour, forced recruitment for use in armed conflict, prostitution, pornography and illicit activities.
Section 8
§ 9Rights of child - Prohibition of sexual exploitationOffence

It is unlawful for any person to engage a child in work or activities of a sexual nature, or to use inducement, coercion, prostitution or pornographic performances involving a child.

Section Prohibition of sexual exploitation Section For avoidance of doubt, it shall be unlawful for any person to use— A person shall not engage a child in any work or trade that exposes the child to activities of a sexual nature whether paid for or not. inducement or coercion in the encouragement of a child to engage in any sexual activity; children in prostitution or other unlawful sexual practices; and children in pornographic performances or materials. Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding five years.
Section 9

Part III

National Children Authority

§ 11National Children Authority - Establishment of National Children AuthorityProvision

Establishes the National Children Authority and sets its corporate status, powers to hold property, enter contracts, and to sue and be sued.

Section Establishment of National Children Authority Section There is established an authority to be known as the National Children Authority . The Authority shall be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its own name. The Authority may, for and in connection with its functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and enter into any contract and other transactions as may be expedient and may do and suffer any other act or thing as in law may be done or suffered by a body corporate.
Section 11
§ 12National Children Authority - Functions of AuthorityProvision

Lists the functions of the Authority, including advising Government on child protection policy, creating awareness and prevention methods for child abuse, consulting and recommending measures to prevent abuse and protect victims, recommending reforms, monitoring laws and investigations, addressing humanitarian concerns for children affected by armed conflict, securing safety of children in criminal proceedings, receiving and referring complaints, coordinating campaigns, maintaining a national database on children, supervising child-care institutions, conducting research, providing public information on child safety, engaging with tourism sectors to minimise opportunities for abuse, organising workshops, and liaising with foreign governments and organisations on detection and prevention of child abuse.

Section Functions of Authority Section The functions of the Authority are to— advise the Government on the formulation of a national child protection policy and child rights programmes; create awareness, on the right of a child to be protected from abuse and develop methods of preventing child abuse; consult the relevant ministries, local authorities, districts and divisional, public and private sector organisations and recommend all such measures as are necessary, for the purpose of preventing child abuse and for protecting and safeguarding the interests of the victims of such abuse; recommend legal, administrative or other reforms required for the effective implementation of the national policy for the prevention of child abuse; monitor the implementation of laws relating to all forms of child abuse; monitor the progress of all investigations and criminal proceedings relating to child abuse; recommend measures to address the humanitarian concerns relating to children affected by armed conflict and the protection of such children, including measures for their mental and physical well-being and their re-integration into society; take appropriate steps where necessary for securing the safety and protection of children involved in criminal investigations and criminal proceedings; receive complaints from the public relating to child abuse and where necessary, to refer such complaints to the appropriate authorities; advise, coordinate and assist the Government and local authorities, and non-governmental organisations in campaigns against child abuse; prepare and maintain a national data base on children; in consultation with the relevant ministries and other authorities, supervise and monitor all religious and charitable institutions which provide child care services to children; conduct, promote and coordinate research in relation to child abuse and child protection; provide information and education to the public regarding the safety of children and the protection of the interests of the child ; engage in dialogue with all sections connected with tourism with a view to minimising the opportunities for child abuse; organise and facilitate workshops, seminars and discussions, relating to child abuse; liaise and exchange information with foreign Governments and international organisations, with respect to detection and prevention of all forms of child abuse.
Section 12
§ 13National Children Authority - Board of Directors and its functionsProvision

Establishes a Board of Directors for the Authority, lists its composition, and sets duties including child-interest monitoring, staffing and procurement policy, prioritising funds for children with special needs, and compliance with Ministerial directions.

Section Board of Directors and its functions Section There is established a Board of Directors as the governing body of the Authority , which shall consist of the following— a chairperson, who shall be appointed by the Minister ; one representative of the Ministry responsible for social development; one representative of the Ministry responsible for education; one representative of the Ministry responsible for internal affairs; the Executive Director of the Authority who shall be the secretary to the Board and shall be an ex officio member of the Board . The Minister may appoint two other persons who are not public officers as additional members of the Board on the basis of their special knowledge and experience in children affairs, provided that the persons being appointed have no part-time or full time activity or interest which conflicts with, or impairs fulfilment of their duties as Board members. The Board shall be responsible for monitoring and protection of the best interests of the child and shall determine policies relating to staffing and procurement of the Authority . The Board shall, in utilising the funds of the Authority , give priority to the funding and implementation of programmes for children with special needs and shall not divert the funds for such programmes. The Minister may give directions to the Board regarding the performance of its functions, and the Board shall comply with such directions. The provisions of Schedule 2 to this Act shall apply to the meetings of the Board and other matters provided for in that Schedule.
Section 13
§ 14National Children Authority - Qualifications for appointmentProvision

Members of the Board (other than ex officio members) must be appointed from persons who qualify by professional knowledge and experience in children affairs or other child matters the Minister may determine.

Section Qualifications for appointment Section The members of the Board , other than the ex officio members, shall be appointed from among persons who qualify for appointment by virtue of their professional knowledge and experience in children affairs or in such other matters of children as the Minister may determine.
Section 14
§ 15National Children Authority - Tenure of officeProvision

A member of the Board (other than an ex officio member) must hold office on the terms in the instrument of appointment; initially for a period not exceeding three years and may be re-appointed only for a subsequent period not exceeding three years.

Section Tenure of office Section A member of the Board other than an ex officio member shall hold office— on such terms and conditions as are specified in the instrument of appointment; in the first instance, for a period not exceeding three years and shall be eligible for re-appointment only for a subsequent period not exceeding three years.
Section 15
§ 16National Children Authority - Minister’s power to suspend or terminate appointmentOffence

The Minister may suspend or terminate the appointment of a member for specified causes including inability to perform functions, misbehaviour, bankruptcy or insolvency, conviction of certain criminal offences, unjustified absence from six Board meetings in a financial year, or any other sufficient cause.

Section Minister’s power to suspend or terminate appointment Section The Minister may terminate or suspend the appointment of a member — for the member ’s inability to perform the functions of his or her office; for misbehaviour; if the member is declared or becomes bankrupt or insolvent; if the member is convicted of a criminal offence in respect of which a penalty not exceeding six months imprisonment may be imposed; if the member , without prior permission of the Chairperson or without reasonable cause to the satisfaction of the Minister , is absent from six meetings of the Board in any financial year; or for any other sufficient cause.
Section 16
§ 17National Children Authority - Resignation of membersProvision

A member of the Board may resign by letter to the Minister; when a member dies, resigns or is removed the Minister must appoint another member.

Section Resignation of members Section A member of the Board may resign his or her office by letter addressed to the Minister and the resignation shall be effective from the date on which it is received by the Minister . Where a member of the Board dies, resigns or is removed from office, the Minister shall appoint another member in his or her place.
Section 17
§ 18National Children Authority - Common seal of AuthorityProvision

Sets how the Authority's common seal must be formed and prescribes who must authenticate its application by signature.

Section Common seal of Authority Section The common seal of the Authority shall be in such form as the Board may determine. The application of the common seal on any document shall be authenticated by the signature of the Chairperson and one other member of the Board ; and in the absence of the Chairperson , any two members of the Board authorised by the Board shall authenticate the application of the seal on behalf of the Chairperson . The signature of the Chairperson and the other members of the Board shall be independent of the signing by any other person who may sign any such document as a witness. A document purporting to be an instrument issued by the Board and to be sealed by the common seal of the Board authenticated in the manner prescribed by subsection (2) shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.
Section 18
§ 19National Children Authority - Remuneration or allowances of membersProvision

The members of the Board must be paid remuneration or allowances from the Authority's funds at rates determined by the Minister.

Section Remuneration or allowances of members Section The members of the Board shall be paid such remuneration or allowances out of the funds of the Authority at such rates as may be determined by the Minister .
Section 19
§ 20National Children Authority - Specialised committeesProvision

The Board must create specified specialised committees and may create others; each committee must have three Board members including a Chairperson; the Board may prescribe committee procedure.

Section Specialised committees Section The Board shall establish the following specialised committees for the efficient performance of its functions under this Act— a specialised committee on capacity building; a specialised committee on policy, research, planning and data management; a specialised committee on child development and participation; and a specialised committee on child survival. The Board may also set up such other specialised committees as it may consider necessary for the efficient performance of its functions under this Act. Every specialised committee set up under this section shall consist of three members of the Board including a Chairperson . The Board may prescribe the procedure of a specialised committee.
Section 20
§ 21National Children Authority - Functions of specialised committeesProvision

Each specialised committee must recommend, report to, and advise the Board on policy matters in its sector of child survival, development and protection; the Board may delegate functions to a specialised committee subject to limitations from the Authority.

Section Functions of specialised committees Section The functions of each specialised committee are to recommend and report to and advise the Board on all policy matters relating to the committee’s specific sector of child survival, development and protection. The Board may also delegate any of its functions to a specialised committee, subject to any limitations imposed by the Authority .
Section 21

Part IV

Support for children by local authorities

§ 36Support for children by local authorities - Local councils to safeguard children and promote reconciliation between parents and childrenProvision

Local government councils (village to district level) must safeguard and promote the welfare of children, designate a member as secretary for children's affairs, keep a register of disabled children, provide assistance and accommodation to lost/abandoned/refuge-seeking children, try to trace parents or return children, and refer unresolved cases to probation/social welfare officers or police; councils do not have power to distribute a child's property.

Section Local councils to safeguard children and promote reconciliation between parents and children Section It is the general duty of every local government council from the village to the district level— to safeguard and promote the welfare of children within its area; and to designate one of its members to be the person responsible for the welfare of children; and this person shall be referred to as the secretary for children’s affairs. The secretary for children’s affairs shall, in the exercise of his or her functions in relation to the welfare of children, be assisted by such officers of the local government council as the local government council may determine. In particular, every local government council shall mediate in any situation where the rights of a child are infringed and especially with regard to the protection of a child , the child ’s right to succeed to the property of his or her parents and all the rights accorded to a child in section 4 . The power given to the local government council to protect the property of a child shall not include any powers of distribution of the property by the local government council. A local government council shall keep a register of disabled children within its area of jurisdiction and give assistance to them whenever possible in order to enable those children to grow up with dignity among other children and to develop their potential and self-reliance. Each local government council shall provide assistance and accommodation for any child in need within its area of jurisdiction who appears to the committee to require assistance and accommodation as a result of his or her having been lost or abandoned or seeking refuge. Each local government council shall make every effort, including publication through the mass media, to trace the parents or guardians of any lost or abandoned child or to return the child to the place where he or she ordinarily resides; and where the committee does not succeed, it shall refer the matter to a probation and social welfare officer or to the police.
Section 36
§ 37Support for children by local authorities - Duty to report infringement of rights of childrenProvision

Members of the community who have evidence that a child's rights are being infringed must report the matter to the local government council of the area.

Section Duty to report infringement of rights of children Section Where the person against whom the report is made refuses to comply with the decision made under subsection (2) , the secretary for children’s affairs shall refer the matter to the local council court which shall adjudicate the matter and may— Any member of the community who has evidence that the rights of a child are being infringed or that a parent , a guardian or any person having custody of a child is able to but refuses or neglects to provide the child with adequate food, shelter, clothing, medical care or education shall report the matter to the local government council of the area. The secretary for children’s affairs may, upon receiving the report, summon the person against whom the report was made under subsection (1) to discuss the matter; and a decision shall be made by the secretary for children’s affairs in the best interests of the child . give any relief or order allowed by the law; and in the case of a parent , in addition to the reliefs or orders given under paragraph (a) , order the parent to execute a bond to exercise proper care and guardianship by signing an undertaking to provide the child with any or all of the requirements of the child.
Section 37
§ 38Support for children by local authorities - AppealsProvision

Subject to the Act, the local council court at village level shall be the court of first instance in matters under this Part.

Section Appeals Section Subject to this Act, the local council court at village level shall be the court of first instance in matters under this Part and appeals from that court shall follow the order of appeals as set out in section 152 .
Section 38

Part IX

Adoption

§ 86Adoption - JurisdictionProvision

An application for an adoption order may be made to a chief magistrate’s court where both applicant and child are Ugandan, or to the High Court where either is not; the court may grant the application. A child need not be a Ugandan to be adopted under this Act.

Section Jurisdiction Section An application for an adoption order may be made— to a chief magistrate’s court within the jurisdiction of which the applicant or the child resides where both the child and the applicant are citizens of Uganda; and to the High Court where the child or the applicant is not a citizen of Uganda, and the court may, subject to this Act, grant the application. A child need not be a Ugandan to be adopted under this Act.
Section 86

Part V

Family and children court

§ 39Family and children court - Establishment of family and children courtProvision

There shall be a court to be known as the family and children court in every district, and any other lower government unit designated by the Chief Justice by notice in the Gazette.

Section Establishment of family and children court Section There shall be a court to be known as the family and children court in every district, and any other lower government unit designated by the Chief Justice by notice in the Gazette . A magistrate not below the grade of magistrate grade II shall be assigned to preside over the family and children court.
Section 39
§ 40Family and children court - Jurisdiction of family and children courtProvision

A family and children court has the power to hear and determine criminal charges against a child (subject to sections 138 and 139) and to hear applications relating to child care and protection; the court may also exercise any other jurisdiction conferred on it by this or any other written law.

Section Jurisdiction of family and children court Section A family and children court shall have power to hear and determine— criminal charges against a child , subject to sections 138 and 139 ; and applications relating to child care and protection. The court shall also exercise any other jurisdiction conferred on it by this or any other written law.
Section 40
§ 41Family and children court - Venue of family and children courtProvision

A family and children court must, whenever possible, sit in a different building from the one normally used by other courts.

Section Venue of family and children court Section A family and children court shall, whenever possible, sit in a different building from the one normally used by other courts.
Section 41
§ 42Family and children court - Procedure in family and children courtProvision

Procedures of the family and children court must follow rules of court made by the Rules Committee; attendance at sittings is limited and discretionary; proceedings are to be in camera, informal and by inquiry; parents should be present when possible; the child has a right to legal representation.

Section Procedure in family and children court Section The procedure of the family and children court in all matters shall be in accordance with rules of court made by the Rules Committee for the purpose, but subject to the following— Apart from members and officers of the court, only the following persons may at the discretion of the court attend any sitting of a family and children court— the court shall sit as often as necessary; proceedings shall be held in camera ; proceedings shall be as informal as possible and by inquiry rather than by exposing the child to adversarial procedures; parents or guardians of the child shall be present whenever possible; the child shall have a right to legal representation; and the right to appeal shall be explained to the child . parties to the case before the court, their advocates, witnesses and other persons directly concerned in the case; parents or guardians of the child before the court; a probation and social welfare officer; and any other person whom the court authorises to be present.
Section 42
§ 43Family and children court - Care or supervision order to be of benefit to childProvision

A family and children court must not make a supervision order or a care order unless it considers that doing so would be beneficial to the child.

Section Care or supervision order to be of benefit to child Section A family and children court shall not make a supervision order or a care order unless it considers that doing so would be beneficial to the child.
Section 43
§ 44Family and children court - Rules of courtProvision

The Rules Committee may make rules prescribing the procedure for family and children courts, including evidence recording, findings and orders, and court constitution.

Section Rules of court Section The Rules Committee may make rules prescribing— the procedure to be followed in a family and children court and, in particular, as to the recording of evidence and the manner of arriving at and recording of findings and orders; and the manner in which a family and children court shall be constituted.
Section 44

Part VI

Care and protection of children

§ 45Care and protection of children - Supervision orders and care ordersProvision

A family and children court may, on application by a probation and social welfare officer or an authorised person, make supervision (or interim supervision) orders leaving the child with parents/relatives, or care (or interim care) orders placing the child with an approved home warden or approved foster parent under the Foster Care Placement Rules.

Section Supervision orders and care orders Section On the application of a probation and social welfare officer or an authorised 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; or a care order or interim care order , placing a child in the care of the warden of an approved home or with an approved foster parent in accordance with the Foster Care Placement Rules in Schedule 3 to this Act.
Section 45
§ 46Care and protection of children - Welfare reportsProvision

Courts must obtain a written welfare report about a child before making supervision or care orders; probation and social welfare officers must prepare the report, visit the home and interview parents (and the child if of sufficient age); courts must consider the report and record reasons if they do not follow recommendations.

Section Welfare reports Section The family and children court shall require a written welfare report in respect of a child before making a supervision order or a care order . It shall be the duty of the probation and social welfare officer to prepare a welfare report , and he or she shall comply with the request of a family and children court whenever required to produce a welfare report . The probation and social welfare officer shall make a home visit and interview the parents of the child concerned before making a welfare report . Where the child in respect of whom the welfare report is made is of sufficient age and understanding, he or she shall be interviewed by the probation and social welfare officer. A welfare report shall contain matters relating to the welfare of the child and recommendations as to any action to be taken by the family and children court. The family and children court shall take the information contained in the welfare report into account in as far as it is relevant to the order being made. If the family and children court is not satisfied with any recommendation made by the probation and social welfare officer in the welfare report , it shall state and record its reasons for not complying with the recommendation.
Section 46
§ 47Care and protection of children - Grounds for making supervision or care orderProvision

A family and children court may only make an order under this Part if it is satisfied that specified harms or care deficits exist.

Section Grounds for making supervision or care order Section A family and children court may only make an order under this Part, if it is satisfied that— that the harm, or probability of harm, is attributable to— the child concerned is suffering or is likely to suffer significant harm ; and the care given to the child , or likely to be given to the child if the order were not made, not being what it would be reasonable to expect a parent to give to a child; or the child ’s being beyond parental control.
Section 47

Part VII

Foster care placements

§ 72Foster care placements - Conditions for foster care placementsProvision

District probation and social welfare officer, with the warden, may place a child committed to an approved home with a person willing to act as a foster parent; relatives of a child without a parent or guardian may foster without applying; foster parents have the same maintenance responsibilities as biological parents.

Section Conditions for foster care placements Section 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, in this Part referred to as a “ foster parent ”. 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. A foster parent in whose care a child is committed shall, while the child remains in his or her care, have the same responsibilities in respect of the maintenance of the child as if he or she were the parent of the child. Foster care placements shall be made in accordance with the Rules set out in Schedule 3 to this Act.
Section 72

Part VIII

Guardianship

§ 73Guardianship - Legal guardianshipProvision

Non-citizens of Uganda are not eligible to apply for legal guardianship of children in Uganda.

Section Legal guardianship Section This Part applies to the guardianship of children in Uganda by citizens of Uganda. A person who is not a citizen of Uganda shall not be eligible to apply for legal guardianship.
Section 73
§ 74Guardianship - Application for legal guardianshipProvision

Anyone aged over eighteen may apply for legal guardianship of a child; the application must be made to the High Court, by petition in Form I (Schedule 4), and accompanied by a probation and social welfare officer's report.

Section Application for legal guardianship Section Application for legal guardianship of a child — may be made by any person above the age of eighteen years; shall be made to the High Court; shall be by petition in Form I set out in Schedule 4 to this Act; and shall be accompanied by a report of a probation and social welfare officer.
Section 74
§ 75Guardianship - Customary guardianshipOffence

Family members may appoint a customary guardian when parents are dead, missing, incapacitated, or there is no person with parental responsibility; such a guardian must act as trustee for the child's property; misappropriation is an offence punishable by a fine (up to 150 currency points) or imprisonment (up to 5 years), or both.

Section Customary guardianship Section Family members may appoint a guardian of a child in accordance with their customs, culture or tradition in case— both parents of the child are deceased or cannot be found; the surviving parent is incapacitated; or the child has no guardian or any other person having parental responsibility for him or her. A guardian appointed under subsection (1) shall act as trustee in respect of the property of that child. Any person who misappropriates the property of a child commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding five years, or both. For purposes of this section, “customary guardianship” means parental responsibility of a Ugandan child by a Ugandan citizen resident in Uganda in accordance with the customs, culture or tradition of the respective people.
Section 75
§ 76Guardianship - Appointment of guardian by agreementProvision

A child's parent may appoint a guardian by agreement or deed; such appointment only takes effect if the agreement or deed is dated and signed by the parent in the presence of two witnesses (one a probation and social welfare officer and the other a village-level local councillor).

Section Appointment of guardian by agreement Section The parent of a child may, by agreement or deed, appoint any person to be a guardian . The appointment made under subsection (1) shall not have effect unless the agreement or deed is dated and signed by the parent in the presence of two witnesses, one of whom shall be a probation and social welfare officer, and the other a local councillor at village level.
Section 76
§ 77Guardianship - Joint guardianshipProvision

The court may appoint two or more persons as joint guardians of a child, and if they cannot agree on a welfare matter any of them may apply to the court for direction.

Section Joint guardianship Section The court may appoint two or more persons to act as joint guardians of a child . Where two or more persons appointed to act as joint guardians in respect of a child are unable to agree on any matter affecting the welfare of a child , any of them may apply to the court for its direction.
Section 77
§ 78Guardianship - Conditions for guardianshipProvision

Before making a guardianship order the court must be satisfied of specified conditions about the child and the applicant; it must not make an order if the applicant paid for the guardianship; the court may dispense with required consent on specified grounds; and the court may require additional reports.

Section Conditions for guardianship Section The court shall before making a guardianship order satisfy itself that— The court shall before making a guardianship order satisfy itself that the applicant— there is no known relative or next of kin of the child; the relative and next of kin are unwilling or unable to take parental responsibility of the child; all alternative care options available to the child have been exhausted; the child is suffering or likely to suffer significant harm under present custody; consideration has been given to the wishes of the child , having regard to the age and understanding of the child , where in the view of the court, the child is able to understand the guardianship proceedings; and where the child is twelve years of age or above, his or her consent to the guardianship has been obtained, unless it is impossible for the child to express his or her consent. has continuously lived in Uganda for at least three months; does not have a criminal record; and has a recommendation concerning his or her ability as a guardian from a probation and social welfare office or other competent authority in Uganda or in the applicant’s country of residence. The court shall not make an order for guardianship, unless it is satisfied that the applicant has not made, given or agreed to make any payment or other reward in consideration of the guardianship. The court may dispense with any consent required under this section if satisfied that the person whose consent is to be dispensed with has abandoned, or deserted the child , cannot be found or is incapable of giving consent or being a person responsible for the support of the child , has persistently neglected or refused to contribute to the support of the child . The court may, in addition to the report of the probation and social welfare officer, require a local authority , the probation and social welfare officer in the relevant district in Uganda or any other person to make a report in respect of the guardianship application.
Section 78
§ 79Guardianship - Guardianship orderProvision

The court may, if satisfied that the applicant has fulfilled the conditions under this Part, make an order for the guardianship of the child.

Section Guardianship order Section The court may, if satisfied that the applicant has fulfilled the conditions for guardianship under this Part, make an order for the guardianship of the child . Except where the application is made jointly by spouses, a guardianship order shall not be made to authorise more than one person as guardian of a child.
Section 79
§ 80Guardianship - Effect and duration of guardianship orderProvision

A guardianship order gives the guardian parental responsibility of the child.

Section Effect and duration of guardianship order Section A guardianship order shall vest parental responsibility of the child in the guardian . A guardianship order shall remain in force until the child in relation to whom it is issued attains the age of eighteen years. A guardianship order shall cease to apply where the guardian dies or is suffering from infirmity of body or mind.
Section 80
§ 81Guardianship - Registration of guardianship orderProvision

Persons granted a guardianship order must, within 14 days of the grant, register the order with the National Identification and Registration Authority and the Ministry responsible for children affairs and submit a copy to the Authority; registration must be in Form 2 in Schedule 4.

Section Registration of guardianship order Section Every person to whom a guardianship order is granted shall within fourteen days after the grant of the order, register the order with the National Identification and Registration Authority and the Ministry responsible for children affairs and submit a copy of the order to the Authority . The registration of a guardianship order shall be in Form 2 set out in Schedule 4 to this Act.
Section 81
§ 82Guardianship - Child placement organisationProvision

Child placement organisations outside Uganda must submit annual progressive reports about each child’s welfare and any guardian status changes, must notify any change of the organisation's address when the guardian changes address, and the probation and social welfare officer must transmit those reports to the originating court and the Minister within one month.

Section Child placement organisation Section Every child placement organisation outside Uganda shall— submit an annual progressive report to the probation and social welfare officer and to the Ugandan Diplomatic Mission in the country of residence detailing the welfare of the child , the adoption of the child to his or her new environment and any changes in the guardian ’s status of living; and submit any change of address of the child placement organisation mentioned in subsection (1)(a) , where the guardian changes his or her physical address. The probation and social welfare officer shall within one month of receiving the reports mentioned in subsection (1)(a) transmit them to the court that made the guardianship order and to the Minister responsible for children affairs in Uganda.
Section 82
§ 83Guardianship - Revocation of guardianship orderProvision

The court may revoke a guardianship order on specified grounds; a probation or social welfare officer or a relative may apply to court to revoke; when revoked the court must place the child under alternative care after considering submissions by the Minister responsible for children affairs.

Section Revocation of guardianship order Section The court may revoke a guardianship order where— A probation and social welfare officer or a relative of a child under guardianship may apply to court to revoke a guardianship order. it is satisfied that the guardianship order was obtained by fraud or misrepresentation; the guardian has not complied with the conditions issued by the court in respect of the child or the guardianship; or the guardian has neglected the parental responsibility over a child. Where the court revokes a guardianship order, the court shall upon considering submissions by the Minister responsible for children affairs, place the child under alternative care .
Section 83
§ 84Guardianship - AppealsProvision

A person aggrieved by a High Court decision under this Part may appeal to the Court of Appeal.

Section Appeals Section A person aggrieved by a decision of the High Court under this Part, may appeal to the Court of Appeal.
Section 84
§ 85Guardianship - Offences by administrator of estate of childOffence

An administrator of a child’s estate must not neglect, misappropriate, waste, occasion loss or damage to estate assets, fail to submit required accounts or inventories, or knowingly produce materially false accounts; the court may also order restitution and must exercise discretion on accountability.

Section Offences by administrator of estate of child Section An administrator of the estate of a child who— neglects, misappropriates, wastes or occasions loss or damage to any asset forming part of the estate of a child ; fails to submit to court, or the parent or guardian of the child any account or inventory required by law; or produces an inventory or an account which is false in any material particular, knowing it to be so, The court may in addition to the penalty imposed under subsection (1) require the person so convicted to make good any loss or damage caused. The court shall exercise its discretion in determining the modalities of accountability in guardianship matters.
Section 85

Part X

Approved homes

§ 100Approved homes - Admission of children to homeProvision

An approved home must only receive children either in an emergency (from specified persons for up to forty-eight hours pending production in court) or under an interim care order or a care order.

Section Admission of children to home Section An approved home shall only receive children in the following two ways— in an emergency situation from a police officer, a probation and social welfare officer or any other person for a maximum period of forty-eight hours pending production of the child in court; or on an interim care order or a care order .
Section 100
§ 101Approved homes - Purpose of approved homeSubstitution

Approved homes must provide substitute family care for a child until parents can care for the child, the child spends three years in the home, or turns eighteen; staff and officers must assist reunification and support independence when return is not possible.

Section Purpose of approved home Section An approved home shall provide substitute family care for a child until such time as the parents of the child are able to provide adequate care to meet his or her basic needs or the child completes three years in the home or attains the age of eighteen years, whichever is earlier. It shall be the responsibility of the staff of the approved home , the probation and social welfare officer and any other person to assist the child to become reunited with his or her parents or guardians. After a child has been returned home from an approved home , the probation and social welfare officer shall keep in regular contact with the child and his or her family until the completion of the order or its discharge. Where a child is unable to return to his or her parents or to go to foster parents or has no parent , nor a foster parent , the child shall be encouraged and assisted by the approved home and the probation and social welfare officer to become independent and self-reliant.
Section 101
§ 102Approved homes - Parental responsibility of warden and staff of approved homesProvision

While a child is in an approved home on a care order, the warden and staff of the home have parental responsibility for the child.

Section Parental responsibility of warden and staff of approved homes Section While a child is in an approved home on a care order , the warden and staff of the home have parental responsibility for the child.
Section 102
§ 103Approved homes - Contact with parents and relativesProvision

Approved homes and the probation and social welfare officer must keep contact between a child and the child's parents or relatives; courts may order exclusion of named persons from contact, and those refused contact (or the child) may apply to vary or discharge the exclusion.

Section Contact with parents and relatives Section The approved home and the probation and social welfare officer shall maintain contact with the parents or relatives of a child in the home as well as maintain contact between the child and the parents or relatives of the child. A named person may be refused contact by an exclusion order made by the court during proceedings on an application for a care order , or later on the application of the child or the probation and social welfare officer to the court when such contact is not in the interest of the child. A person refused contact with the child or the child himself or herself may apply to the court to have the order varied or discharged.
Section 103
§ 104Approved homes - Removal of child from approved homeOffence

It is an offence for a person to remove a child from an approved home without reasonable cause.

Section Removal of child from approved home Section A person who removes a child from an approved home without reasonable cause commits an offence and shall be dealt with in accordance with this Act.
Section 104
§ 105Approved homes - Recovery orderProvision

If a court is satisfied on oath that a child has been unlawfully removed from an approved home, the court may make a recovery order that can direct production of the child, require removal by authorised persons, compel disclosure of whereabouts, authorise searches of premises, or specify the child and person with main parental responsibility.

Section Recovery order Section A recovery order may— When a court has been informed on oath that a child has been removed unlawfully from an approved home , it may make a recovery order. direct any person who is in possession of the child to produce him or her on request to any authorised person ; require removal of the child by any authorised person ; require any person who has information leading to the child ’s whereabouts to disclose it; authorise search of any premises where the child is believed to be staying; or specify the name of the child in question and the person who has the current main parental responsibility .
Section 105
§ 106Approved homes - Application for recovery orderProvision

A person with parental responsibility for the child, or the probation and social welfare officer, may apply for a recovery order.

Section Application for recovery order Section Any of the following persons may apply for a recovery order— a person with parental responsibility for the child; or the probation and social welfare officer.
Section 106
§ 107Approved homes - Escape from approved home or foster parentProvision

A child who runs away may be brought back or placed in an alternative approved home pending investigation; as soon as possible the child must be interviewed by the probation and social welfare officer or an authorised person; the child may then be returned, moved by the probation and social welfare officer under a care order, or returned to court for variation or discharge of the order.

Section Escape from approved home or foster parent Section A child who runs away from an approved home to which he or she has been committed or from a person in whose care the child has been placed on emergency or committed by the court on a care order may, pending investigation— be brought back to the approved home or the person from which or from whom the child run away; or be put in an alternative approved home or place of safety . As soon as possible, the child shall be interviewed by the probation and social welfare officer or an authorised person who shall also interview the warden of the home or the person in whose care the child had been placed. The child may then be returned to where he or she had been placed or, if that is not in the child ’s best interests, he or she may be moved by the probation and social welfare officer under a care order or otherwise returned to court for variation or discharge of the order.
Section 107
§ 108Approved homes - Power of court to order parent or guardian to contributeProvision

The court may order a child's parent or guardian to contribute reasonably towards the child's maintenance while the child is in an approved home; contributions may be varied and a contributor may apply to vary or discharge the order if circumstances change.

Section Power of court to order parent or guardian to contribute Section Where an approved home has custody of a child who has a parent or guardian , the court may order the parent or guardian to contribute towards the maintenance of the child. The amount contributed shall be reasonable and within the means of the parent or guardian and may be varied by the court if there is a change in the circumstances of that person. A contribution order made under this section shall remain in force as long as the child is in the home; but a person contributing may, at any time, apply to the court for the order to be varied or discharged on the ground that his or her circumstances have changed since the order was made.
Section 108
§ 109Approved homes - Rules for approved homesProvision

The Minister may make rules to implement this Part, including rules on applications, accommodation and equipment, medical arrangements for children's health, management and discipline, and inspections of approved homes.

Section Rules for approved homes Section The Minister may make rules for carrying this Part into effect and in particular for— prescribing the form of application for an approved home ; prescribing requirements as to the accommodation and equipment to be provided in homes; prescribing the medical arrangements to be made for protecting the health of the children in the approved homes; regulating the management and discipline of an approved home ; and regular inspection of the home.
Section 109
§ 99Approved homes - Approval of homesOffence

Homes for caring for children must be approved by the Minister (with the probation and social welfare officer) within six months of an application; running or establishing a home without that approval is an offence punishable by a fine up to one hundred twenty currency points or up to five years' imprisonment, and corporate officers can be personally liable if implicated.

Section Approval of homes Section A Government or non-governmental home set up for the purposes of caring for children shall be approved by the Minister , in consultation with the probation and social welfare officer within six months of receipt of application for approval. Any person who establishes or runs a home without the approval of the Minister under this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both. Where the offence under subsection (2) is committed by a body corporate and it is proved that the offence is committed with the consent or connivance of, or is attributable to the negligence on the part of a director, manager, secretary or other similar officer of that body corporate or any person who purports to act in any such capacity, he or she shall be personally liable to the penalty prescribed under subsection (2) .
Section 99

Part XI

Parentage of children

§ 110Parentage of children - Declaration of parentageProvision

Certain persons (mother, father, guardian, or the child via next friend) may apply to a family and children court for a declaration of parentage by complaint on oath.

Section Declaration of parentage Section A person who is— the mother of a child ; the father of a child ; the guardian of a child; or the child himself or herself through a next of friend, may make an application for a declaration of parentage by complaint on oath to a family and children court having jurisdiction in the place where the applicant resides for summons to be served on— the man alleged to be the father of the child ; or the woman alleged to be the mother of the child .
Section 110
§ 111Parentage of children - Application for declarationProvision

The court must, when exercising its discretion under subsection (2), primarily consider the child's welfare, the applicant's time of knowledge of the parent or birth, and the conduct of the alleged parent.

Section Application for declaration Section An application for a declaration of parentage may be made— In exercising its discretion under subsection (2) , the court shall primarily consider— during pregnancy; at any time before the child attains eighteen years of age; or within three years after the death of the alleged father or mother. With leave of the family and children court, an application for a declaration of parentage may be made at any time after the three years specified in subsection (1)(c) . the welfare of the child ; the time of knowledge of the alleged father or mother or of the birth of the child , as the case may be, by the applicant; or the conduct of the alleged father or mother where he or she knew of the birth of the child alleged to be his or her child , or his or her conduct towards any other person having the custody or control of the child . An application for a declaration of parentage may be made whether the child or the alleged father or mother is in or outside Uganda.
Section 111
§ 112Parentage of children - Proceedings on application for declaration of parentageProvision

The family and children court must summon the person alleged to be the father or mother; on appearance or proof of service the court shall hear evidence and may declare parentage if applicant's evidence is corroborated; the court may order evidence including blood samples on application or on its own motion.

Section Proceedings on application for declaration of parentage Section The family and children court to which an application is made for declaration of parentage shall issue a summons to the person alleged to be the father or mother of the child to appear before the court on a day named in the summons. On the appearance of the person summoned, or on proof that the summons was duly served on him or her or left at his or her place of abode seven days or more before the hearing, the court shall hear the evidence of he applicant and shall also hear any evidence tendered by or on behalf of he alleged father or mother. If the evidence of the applicant is corroborated in some material particular by other evidence to the satisfaction of the court, the court may adjudge the person summoned to be the mother or father of the child , as the case may be. In proceedings for the declaration of parentage, the court may, on the application of any party to the proceedings or on its own motion, make an order, upon such terms as may be just, requiring any person to give any evidence which may be material to the question, including a blood sample for the purpose of blood tests. Any person sought to be tested must be made a party to the proceedings.
Section 112
§ 113Parentage of children - Proof of parentageProvision

A person who alleges parentage must bear the burden of proving it.

Section Proof of parentage Section The burden to prove parentage shall lie on the person alleging it.
Section 113
§ 114Parentage of children - Prima facie and conclusive evidence of parentageProvision

Certain signed instruments, registered birth entries, court orders and declarations or statements are prima facie evidence of parentage, and a court declaration of parentage is conclusive proof.

Section Prima facie and conclusive evidence of parentage Section An instrument signed by the mother of a child and by any person acknowledging that he is the father of the child , and an instrument signed by the father of a child and by any person acknowledging that she is the mother of the child shall— Where the name of the father or the mother of a child is entered in the register of births in relation to a child , a certified copy of that entry shall be prima facie evidence that the person named as the father is the father of the child or that the person named as the mother is the mother of the child . if the instrument is executed as a deed; or if the instrument is signed jointly or severally by each of those persons in the presence of a witness, be prima facie evidence that the person named as the father is the father of the child or that the person named as the mother is the mother of the child . An order of a court for maintenance made against a person under any written law shall be prima facie evidence of parentage in subsequent proceedings, whether or not between the same parties. A declaration of parentage by the court under this Part shall, for all purposes, be conclusive proof of parentage. An order made by a competent court outside Uganda in any affiliation or similar proceedings declaring or having the effect of declaring a person to be the father of a child or the mother of a child shall be prima facie evidence that the person mentioned in that order is the father of the child or the mother of the child . A reference, express or implied in a will written or oral, of any person to a child as his or her son or daughter, as the case may be, is prima facie evidence that that person is the father of that child or is the mother of the child . A statement, written or oral, by a deceased person confided to a person in a position of authority indicating that the deceased is or was the father or the mother of a particular child is prima facie evidence that the deceased person was the father or the mother of the child . For the purposes of this section, “a person in a position of authority ” means a person holding a position in society carrying responsibility in matters of succession, administration of justice or law enforcement and includes a minister of religion and any person placed in such a position of interest in the welfare of the child either because of family relationship or by appointment as a guardian or foster parent by the deceased.
Section 114
§ 115Parentage of children - Effect of declaration of parentageProvision

A court's declaration of parentage establishes a blood relationship between father and child or mother and child.

Section Effect of declaration of parentage Section A declaration of parentage by a court shall have the effect of establishing a blood relationship of father and child or of mother and child and, accordingly, the child shall be in the same legal position towards the father or the mother as a child actually born in lawful wedlock. A declaration of parentage shall not by itself confer rights of custody of the child upon the declared father or mother.
Section 115
§ 116Parentage of children - Custody of childrenOffence

The court may grant or revoke custody of a child, must consider the child's welfare, and unlawful removal of a child is an offence.

Section Custody of children Section The court may, on application by a sole applicant or joint applicants, grant custody of a child on such conditions as may be determined by the court. The court may, at any time, revoke the grant of custody to one person and make the grant to another person, institution or organisation. In reaching its decision under subsection (1) or (2) , the court shall primarily consider the welfare of the child . A person who unlawfully removes a child from the lawful custody of another person, institution or organisation commits an offence and shall be dealt with in accordance with this Act.
Section 116
§ 117Parentage of children - Interim custody orderProvision

The court may issue an interim custody order when satisfied the child faces harm or it is in the child's best interests; certain persons may apply and applications must be supported by affidavit; an interim order may include directions, prohibitions or awards.

Section Interim custody order Section The court may issue an interim custody order, where the court is satisfied that— A probation and social welfare officer, mother, father or guardian of a child may apply to the family and children court for an interim custody order pending the determination of custody of the child by the court. The application for interim custody shall be supported by affidavit of the applicant. the child is suffering or likely to suffer harm if the order for interim custody is not issued; or the order is in the best interests of the child . An interim custody order may, where appropriate, contain any direction, prohibition or award.
Section 117
§ 118Parentage of children - Custody by agreementProvision

Parents may make a written agreement deciding which parent has custody; the court may recognise such an agreement unless it is not in the child’s best interest, and the court must be satisfied there was no duress or fraud before recognising it.

Section Custody by agreement Section The parents of a child may enter into a written agreement to determine which of them shall have custody of the child . The court may recognise an agreement made between the parents of a child giving the custody of the child to one of the parents, except where court finds that enforcing the agreement would not be in the best interest of the child . The court shall only recognise an agreement under subsection (1) , if it is satisfied that there was no duress or fraud involved in making the agreement.
Section 118
§ 119Parentage of children - AppealsProvision

A party in proceedings for a declaration of parentage may appeal to a chief magistrate’s court; the appellate court may confirm or revoke the declaration or make any other lawful order.

Section Appeals Section A party to proceedings for a declaration of parentage may appeal to a chief magistrate’s court against the finding of a family and children court; and the appellate court may confirm or revoke the declaration or make any other lawful order that it thinks fit.
Section 119
§ 120Parentage of children - Revocation of declaration of parentageProvision

A declaration of parentage may be revoked for sufficient cause by the family and children court on application of the person against whom it was made.

Section Revocation of declaration of parentage Section A declaration of parentage may be revoked for sufficient cause by the family and children court on the application of the person against whom it was made.
Section 120

Part XII

Children charged with offences

§ 133Children charged with offences - Age of criminal responsibilityOffence

Sets age of criminal responsibility at twelve years; requires police, prosecutors or presiding officers to consider age when deciding responsibility and requires courts to determine age using available documentation; specialised protection applies under eighteen years; a person appearing younger than eighteen is presumed to be a child pending court determination.

Section Age of criminal responsibility Section The age of criminal responsibility shall be twelve years. In determining criminal responsibility or an order for a child offender, the police, prosecutor or a person presiding over the matter shall consider the age of the person at the time the offence was allegedly committed. Subject to subsection (2) , the court shall determine the age based on a full assessment of all available information, giving due consideration to official documentation including a birth certificate, school records, health records, statements certifying age from the parent or child, or medical evidence. Specialised protection for children under this Act shall apply to all children below the age of eighteen years. A person shall be presumed to be a child if he or she claims or appears to be younger than eighteen years old pending a conclusive determination of age by court.
Section 133
§ 134Children charged with offences - Arrest and charge of childrenOffence

When a child is arrested the police must, under justifiable circumstances, caution and release the child; they must inform parents/guardian and the local government children’s secretary as soon as possible; they must ensure a parent/guardian is present at interview except where not in the child’s best interests; police officers must inquire and, unless specified exceptions apply, release the child on bond; the police have power to dispose of cases at their discretion in accordance with criteria to be laid down by the Inspector General of Police.

Section Arrest and charge of children Section Where a child is arrested, the police shall under justifiable circumstances caution and release the child . The police shall be empowered to dispose of cases at their discretion without recourse to formal court hearings in accordance with criteria to be laid down by the Inspector General of Police. As soon as possible after arrest, the parent or guardian of the child and the secretary for children’s affairs of the local government council for the area in which the child resides shall be informed of the arrest by the police. The police shall ensure that the parent or guardian of the child is present at the time of the police interview with the child except where it is not in the best interests of the child. Where a parent or guardian of a child cannot be immediately contacted or cannot be contacted at all, a probation and social welfare officer or an authorised person shall be informed as soon as possible after the child’s arrest so that he or she can attend the police interview. Where a child is arrested with or without a warrant and cannot be immediately taken before a court, the police officer to whom the child is brought shall inquire into the case and, unless the charge is a serious one, or it is necessary in the interests of a child to remove him or her from association with any person, or the officer has reason to believe that the release of the child will defeat the ends of justice, shall release the child on bond on his or her own recognisance or on a recognisance entered into by the parent of the child or other responsible person. Where release on bond is not granted, a child shall be detained in police custody for a maximum of twenty-four hours or until the child is taken before a court, whichever is sooner. A child shall not be detained with an adult person. A female child shall, while in custody, be under the care of a woman officer.
Section 134

Part XIII

Miscellaneous

§ 153Miscellaneous - Sections of Penal Code Act not to apply to childrenProvision

Sections 150(b) and 151 of the Penal Code Act do not apply to children.

Section Sections of Penal Code Act not to apply to children Section Sections 150(b) and 151 of the Penal Code Act shall not apply to children.
Section 153
§ 154Miscellaneous - Corporal punishment in schools prohibitedOffence

Persons of authority in schools must not subject children to any form of corporal punishment; anyone who does commits an offence and is liable on conviction to a fine of up to one hundred currency points or to up to three years' imprisonment, or both.

Section Corporal punishment in schools prohibited Section A person of authority in any institution of learning shall not subject a child to any form of corporal punishment . Any person who subjects a child to corporal punishment commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding three years, or both.
Section 154
§ 155Miscellaneous - Inquiry by court as to age of person appearing to be below eighteen years of ageOffence

If a person brought before a court appears to be under eighteen, the court must inquire into that person's age.

Section Inquiry by court as to age of person appearing to be below eighteen years of age Section Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence and it appears to the court that he or she is under eighteen years of age, the court shall make an inquiry as to the age of that person. In making the inquiry, the court shall take any evidence, including medical evidence, which it may require.
Section 155
§ 156Miscellaneous - Presumption by court of age to be conclusive evidence of person’s ageProvision

A court’s order or judgment is not invalidated by later proof that the stated age was incorrect; the age the court presumes or declares is taken as the person’s true age for the proceedings, and a certificate signed by a medical officer is evidence of age for a person under eighteen.

Section Presumption by court of age to be conclusive evidence of person’s age Section An order or judgment of the court shall not be invalidated by any subsequent proof that the age of the person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of that person shall be deemed to be that person’s true age for the purposes of the proceedings. A certificate signed by a medical officer as to the age of a person under eighteen years of age shall be evidence of that age.
Section 156
§ 157Miscellaneous - General penal provision for offences under ActOffence

A person who contravenes any provision of this Act commits an offence and is liable, on conviction, to a fine not exceeding five currency points or to imprisonment for a term not exceeding six months, or both.

Section General penal provision for offences under Act Section Any person who contravenes any of the provisions of this Act commits an offence and, with the exception of a person convicted under section 144 , is liable, on conviction, to a fine not exceeding five currency points or to imprisonment for a term not exceeding six months, or both.
Section 157
§ 158Miscellaneous - RegulationsOffence

The Minister may make regulations; those regulations may prescribe penalties (up to a fine of twenty-five currency points or imprisonment for two years, or both, with additional penalties for continuing/repeated contraventions) and may provide for charging fees subject to the Act.

Section Regulations Section The Minister may make regulations generally for better carrying out the provisions and purposes of this Act. Regulations made under subsection (1) may prescribe in relation to any contravention of the regulations any penalty not exceeding a fine of twenty-five currency points or imprisonment for a term of two years, or both and may provide an additional penalty for continuing or repeated contraventions. The regulations may also, subject to this Act, provide for the charging of fees for the doing of anything under this Act.
Section 158
§ 159Miscellaneous - Enforcement of judgments, decisions and orders of family and children courtProvision

Enactments that govern enforcement of magistrate’s court judgments, decisions and orders apply, with necessary modifications, to judgments, decisions and orders of a family and children court.

Section Enforcement of judgments, decisions and orders of family and children court Section Subject to this Act, any enactment applicable to the enforcement of the judgments, decisions and orders of a magistrate’s court shall, subject to such modifications as may be necessary having regard to this Act, apply to judgments, decisions and orders of a family and children court.
Section 159
§ 160Miscellaneous - Power to amend SchedulesAmendment

The Minister responsible for finance may, by statutory instrument and with Cabinet approval, amend Schedule 1; the Minister may, by statutory instrument, amend Schedules 2 and 3.

Section Power to amend Schedules Section The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act. The Minister may, by statutory instrument, amend Schedules 2 and 3 to this Act.
Section 160

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

G–M

1 instrument

  • Judicature Act

    Section 1

N–S

3 instruments

  • Penal Code

    Section 153

  • Schedule 1 to this Act

    Section 160

  • Schedule 2 to this Act

    Section 13

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