GN & Anor v ML & Anor (XP 115/2019) [2020] SCSC 458 (26 February 2020)
The court lacks jurisdiction to grant the adoption order because the child to be adopted is not residing in Seychelles as required by section 34(2) of the Children Act.
- Citation
- [2020] SCSC 458
- Parties
- Applicant: G; Applicant: M; Respondent: L; Respondent: Attorney General (in its capacity as Ministere Publique)
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 26 February 2020
- Case Number
- XP 115/2019
- Procedural Posture
- Adoption Application / Ruling on Point of Law
- Outcome
- application dismissed
- Legal Topics
- Adoption, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
G
Applicant
M
Applicant
L
Respondent
Attorney General (in its capacity as Ministere Publique)
Respondent
Procedural Posture
Adoption Application / Ruling on Point of Law
Legal Issues
- 1 Whether the court has jurisdiction to grant an adoption order when the child is not residing in Seychelles
Ratio Decidendi
The court lacks jurisdiction to grant the adoption order because the child to be adopted is not residing in Seychelles as required by section 34(2) of the Children Act.
Court Disposition
application dismissed
Orders
- Joint adoption application is dismissed for lack of jurisdiction.
Full Case Text
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