Baaba Sam Again! …Court issues Order For Substituted Service For Fleeing Service

The High Court (General Jurisdiction 1) in Accra has granted an application for substituted service in a contentious child custody dispute involving Ms. Karen Baaba Sam and Mr. Kwadwo Adjei.

The order permits Mr. Adjei to serve court documents through alternative means, including public notices on the High Court’s bulletin board and publication in national newspapers, after allegations surfaced that Ms. Sam has gone into hiding with their daughter, Adele Ohemaa Adjei, in defiance of existing court orders.

The legal battle traces back to the Family Tribunal, where interim custody was awarded to Mr. Adjei, with Ms. Sam allowed fortnightly visitation rights.

However, Mr. Adjei accuses Ms. Sam of repeatedly violating these orders by keeping their daughter beyond stipulated return dates and absconding with her on June 11, shortly after the High Court overturned recent orders that had temporarily granted Ms. Sam primary custody.

This marks the second contempt of court action filed against Ms. Sam in this ongoing dispute. She was previously convicted for similar contempt offenses but has allegedly continued to disregard court rulings.

The High Court is now poised to consider whether her actions warrant a custodial sentence.

Mr. Adjei, in an affidavit submitted to the court, described Ms. Sam’s conduct as a “deliberate and sustained pattern” aimed at undermining his parental rights and disrupting their daughter’s education by keeping her out of school for long stretches.

He contends that Ms. Sam has weaponized the child amid the custody battle.

The case highlights the challenges faced within Ghana’s family justice system regarding enforcement of custodial rights and protection of children’s welfare in parental conflicts.

Children’s rights advocates have called for balanced application of family court rulings to ensure that children are not used as pawns or suffer harm due to protracted disputes between parents.