JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] Two applications were addressed in this judgment. The application in Originating Summons No: WA-24F-21-01/2019 ("OS No 21") was filed by the Respondent in encl 22 to vary the Court Order dated 29 April 2019; whilst the application in Originating Summons No: WA-24F-280-09/2023 ("OS No 280") was filed by the Applicant. Both applications centred on guardianship, as well as custody, care, and control of the child in question.

[2] Since the issues in both applications were common and intertwined, an order to consolidate them was granted by this Court in November 2023.

[3] Given the privacy of parties and sensitivity of issues in these proceedings, the Applicants, in OS Nos 21 and 280 have been anonymised in these grounds of judgment as MIL and GEL respectively, whilst the Respondent and child in question have been anonymised as MON and NAN respectively.

The Factual Background

[4] In summary, the focal point of contention revolved around a child born out of wedlock. Both the child's biological mother, MON, and halfsister, GEL, had filed respective applications to this Court, each seeking guardianship, as well as custody, care, and control of th