F.M v P.L & Ano (CA 35/2017) [2018] SCSC 8180 (28 May 2018)

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

  1. 1 Whether the appellant was denied a fair hearing by the Family Tribunal
  2. 2 Whether there was a proper investigation by Social Services regarding the child's welfare
  3. 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