There is a legal battle over the custody of a 10-year-old child, whose father died two years ago, leaving his sister as one of the child's guardians.

According to the legal guardian, the child went to spend holidays with her mother, who has refused to send her back. The child lived with his father and grandmother, from he was six moths old, because his mother said she was not interested in caring for him.

"My brother became terminally ill in 2012 and went to his lawyer, who drafted a document, appointing me and my brother as guardians of his son," the aunt explained.

She said the child's mother came to visit in November, last year, and asked if the child could spend the Christmas holidays with her. She said she did not want to send him but she pleaded with her and she yeilded.

"When I went for the child, she refused. The child is not being taken care of properly, because she is not working but wants the child to stay with her to help to look after the two younger ones.

"There are some days when the child does not go to school, because she is just not interested in the welfare of the child. She is not a responsible mother. Even her own mother complains to me that she is not taking care of the child. She said she made a mistake when she gave the child to the father and her friends say she should keep her child.

"My father said we should go and take the child by force, but I told him that would not be the right way. I am planning to take the matter to court because the child is not being cared for in the right way. My brother left money to take care of his child. Whether he left money or not, I am a nurse and can afford to take care of my nephew. They live in a tenement yard where people are always fighting and cursing. My nephew is not accustomed to those living conditions. I am concerned about the welfare of my nephew and want him to grow up in a loving environment," she said.

Your brother left you and your brother as guardians for his son. You should take the matter to court for the issue to be resolved.

Section 4 of the Children (Guardianship and Custody) Act states in part that if a guardian thinks that a mother or father is unfit to have custody of a child, then the guardian can apply to the court for custody.