Ex parte Quatre & Anor (XP 62 of 2022) [2022] SCSC 978 (26 September 2022)

Based on the affidavits, community recognition, and the current law removing prescription for establishing parenthood, the applicants are declared children of the late Philip Rameau Justin Marie and their birth records are to be amended accordingly.

Citation: [2022] SCSC 978
Parties: Applicant: Youtlie Michel Quatre; Applicant: Joubert Jules Quatre
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 26 September 2022
Case Number: XP 62 of 2022
Procedural Posture: Ex Parte Application / Final Order
Outcome: application granted
Legal Topics: Paternity Declaration, Amendment of Birth Records, Prescription Period, Parental Rights
Source Language: English

Family Law Civil Procedure Paternity Declaration Amendment of Birth Records Prescription Period Parental Rights

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Parties

Youtlie Michel Quatre

Applicant

Joubert Jules Quatre

Applicant

Procedural Posture

Ex Parte Application / Final Order

Legal Issues

1 Whether the applicants are the children of the late Philip Rameau Justin Marie
2 Whether the applicants' birth records should be amended to reflect the name of their father
3 Whether the application is time-barred under the repealed Civil Code provisions

Ratio Decidendi

Court Disposition

application granted

Orders

Youtlie Michel Quatre and Joubert Jules Quatre are declared children of the late Philip Rameau Justin Marie
The acts of birth of the applicants are to be amended to insert Philip Rameau Justin Marie as their father