MD v BL (CA 26/2016) [2017] SCSC 196 (28 February 2017)

MD v BL (CA 26/2016) [2017] SCSC 196 (28 February 2017)

The Hague Convention is not enforceable in Seychelles absent domestic legislation; the Family Tribunal erred in declining jurisdiction and failing to consider the best interests of the minors under the Children Act. The appeal succeeds and the Family Tribunal must hear the custody application on its merits.

Citation
[2017] SCSC 196
Parties
Appellant: M D; Respondent: B L
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 February 2017
Case Number
CA 26/2016
Procedural Posture
Civil Appeal / Judgment on Appeal From Family Tribunal
Outcome
appeal allowed
Legal Topics
Child Custody, Habitual Residence, International Child Abduction, Treaty Enforceability, Best Interests of the Child
Source Language
English
Family Law International Law Constitutional Law Child Custody Habitual Residence International Child Abduction Treaty Enforceability Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

M D

Appellant

B L

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Family Tribunal

Legal Issues

  1. 1 Whether the Family Tribunal erred in declining jurisdiction on the basis of the Hague Convention and finding the minors habitual residents of France
  2. 2 Whether the Hague Convention is enforceable in Seychelles without domestic legislation
  3. 3 Whether the best interests of the child were properly considered

Ratio Decidendi

The Hague Convention is not enforceable in Seychelles absent domestic legislation; the Family Tribunal erred in declining jurisdiction and failing to consider the best interests of the minors under the Children Act. The appeal succeeds and the Family Tribunal must hear the custody application on its merits.

Court Disposition

appeal allowed

Orders

  • Family Tribunal to hear the custody application on its merits under the Children Act
  • Status quo of minors' custody as per the Stay Order of 27 December 2016 remains