ex p Amina Khatib (CS 158/2001) [2003] SCSC 18 (30 July 2003)

ex p Amina Khatib (CS 158/2001) [2003] SCSC 18 (30 July 2003)

The court cannot appoint another guardian while the surviving parent retains guardianship as of right; the surviving parent must first be removed for incompetence before any other appointment. The Applicant may proceed to establish the Respondent's incompetence as an interested party.

Citation
[2003] SCSC 18
Parties
Applicant: Amina Khatib; Respondent: Michel Hoareau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 July 2003
Case Number
CS 158/2001
Procedural Posture
Guardianship Application / Interlocutory Ruling on Procedure Prior to Appointment of Guardian
Outcome
Application to appoint guardian deferred pending determination of Respondent's competence.
Legal Topics
Guardianship of Minors, Appointment of Guardian, Competence of Surviving Parent, Foreign Affidavits, Best Interest of the Child
Source Language
English
Family Law Child Law Guardianship of Minors Appointment of Guardian Competence of Surviving Parent Foreign Affidavits Best Interest of the Child

Case Brief

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Parties

Amina Khatib

Applicant

Michel Hoareau

Respondent

Procedural Posture

Guardianship Application / Interlocutory Ruling on Procedure Prior to Appointment of Guardian

Legal Issues

  1. 1 Whether the surviving parent must first be found incompetent before appointing another guardian
  2. 2 Validity of foreign affidavits for appointment of guardian
  3. 3 Whether parental power can be voluntarily alienated

Ratio Decidendi

The court cannot appoint another guardian while the surviving parent retains guardianship as of right; the surviving parent must first be removed for incompetence before any other appointment. The Applicant may proceed to establish the Respondent's incompetence as an interested party.

Court Disposition

Application to appoint guardian deferred pending determination of Respondent's competence.

Orders

  • Applicant may proceed to establish Respondent's incompetence as guardian.
  • Respondent has right to be heard and suggest another guardian.