F.M v P.L & Ano (CA 35/2017) [2018] SCSC 8180 (28 May 2018)
The appeal was dismissed because the appellant was not denied a fair hearing, proper investigations were conducted by Social Services, and the Tribunal's decision to grant custody to the mother was based on the best interests of the child, including the child's wishes and the appellant's demonstrated aggression.
- Citation
- [2018] SCSC 8180
- Parties
- Appellant: F. M.; Respondent: P. L.; Respondent: Director of Social Services
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 28 May 2018
- Case Number
- CA 35/2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Child Custody, Right to Fair Hearing, Best Interests of the Child
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
F. M.
Appellant
P. L.
Respondent
Director of Social Services
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was denied a fair hearing by the Family Tribunal
- 2 Whether there was a proper investigation by Social Services regarding the child's welfare
- 3 Whether the Family Tribunal erred in granting custody to the first respondent
Ratio Decidendi
The appeal was dismissed because the appellant was not denied a fair hearing, proper investigations were conducted by Social Services, and the Tribunal's decision to grant custody to the mother was based on the best interests of the child, including the child's wishes and the appellant's demonstrated aggression.
Court Disposition
appeal dismissed
Orders
- Appeal against the Second Respondent dismissed
- Appeal in its entirety dismissed
Full Case Text
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