Bristol v De Georgio (CA 23/2016) [2017] SCSC 643 (17 July 2017)

Bristol v De Georgio (CA 23/2016) [2017] SCSC 643 (17 July 2017)

The recommendation of Social Services is not binding on the Family Tribunal when the child, being of sufficient age and intelligence, expresses a clear wish to live with the Respondent, and the evidence supports that this arrangement is in the child's best interests.

Citation
[2017] SCSC 643
Parties
Appellant: Keryl Bristol; Respondent: Abison De Georgio
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 July 2017
Case Number
CA 23/2016
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Child Custody, Best Interests of the Child, Social Services Reports, Access Arrangements
Source Language
English
Family Law Child Custody Best Interests of the Child Social Services Reports Access Arrangements

Case Brief

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Parties

Keryl Bristol

Appellant

Abison De Georgio

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Family Tribunal erred in awarding custody to the Respondent against the Social Services recommendation
  2. 2 Whether due consideration was given to the Social Services report
  3. 3 Whether the best interests of the child were properly considered

Ratio Decidendi

The recommendation of Social Services is not binding on the Family Tribunal when the child, being of sufficient age and intelligence, expresses a clear wish to live with the Respondent, and the evidence supports that this arrangement is in the child's best interests.

Court Disposition

Appeal dismissed

Orders

  • Custody of the child granted to the Respondent
  • Arrangements made by the Family Tribunal maintained