Act 16 2025 - Children (Amendment) Act 2025

[18th August 2025] Children (Amendment) Act 310 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT CHILDREN (AMENDMENT) ACT, 2025 (Act 16 of 2025) ARRANGEMENT OF SECTIONS SECTIONS 1. Short title and commencement 2. Amendment of Section 6 3. Amendment of Section 8 5. Amendment of Section 19 6. Amendment of Section 77 7. Amendment of Section 78 8. Amendment of Section 78A 9. Consequential amendment [18th August 2025] Children (Amendment) Act 311 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT CHILDREN (AMENDMENT) ACT, 2025 (Act 16 of 2025) I assent Wavel Ramkalawan President 8th August, 2025 AN ACT TO AMEND THE CHILDREN ACT (CAP.28) ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY. Short title and commencement 1. This Act may be cited as the Children (Amendment) Act, 2025, and shall come into operation on such date as the Minister, by notice in the Gazette, appoints. [18th August 2025] Children (Amendment) Act 312 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of Section 6 2. Section 6 of the Children Act (Cap. 28) (hereinafter referred to as the “principal Act”) is amended as follows — (a) by the repeal of subsection (2) and substituting it with the following — “(2) if a parent — (a) does not have the custody of the child; or (b) is not living with the family, such parent shall pay such sum as may be determined by the Tribunal as maintenance for each child who the parent is liable to maintain.”. (b) by the repeal of subsection (3) and substituting it with the following — “(3) A parent who, without lawful excuse, the proof of the lawfulness of the excuse of which shall lie on such parent, fails to pay maintenance as specified in subsection (2), or comply with an affiliation order, shall be liable to imprisonment for a term not exceeding 3 years, or to a fine not exceeding SCR 30,000, or to both such fine and imprisonment: Provided that, if imprisonment of the parent would be against the best interests of the child, the Tribunal shall only impose a sentence of imprisonment if, in the opinion of the Tribunal, a fine alone would be an inadequate or inappropriate sanction in the circumstances.”. (c) by the repeal of subsection (5). Amendment of Section 8 3. Section 8 of the principal Act is amended by inserting immediately after subsection (4), the following — [18th August 2025] Children (Amendment) Act 313 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT “(5) A parent who, without lawful excuse, the proof of the lawfulness of the excuse of which shall lie on such parent, fails to pay maintenance in accordance with an order made under subsection (1), shall be liable to imprisonment for a term not exceeding 3 years, or to a fine not exceeding SCR 30,000, or to both such fine and imprisonment. (6) In issuing an order under subsection (1) the Tribunal may, notwithstanding the provisions of subsection (5), prescribe default sentences which may be enforced upon proof of non-compliance with the order.”. Amendment of Section 19 4. Section 19 of the principal Act is amended by the repeal of subsection (5). Amendment of Section 77 5. Section 77 of the principal Act is amended as follows — (a) by the repeal of subsection (1) and substituting it with the following — “(1) There shall be a Family Tribunal consisting of a Chairperson, three Vice-Chairpersons and 11 other members for the discharge of the functions of the Tribunal.”. (b) in subsection (3), by repealing the words “at least one of the Vice-Chairpersons”, and substituting therefor the words, “at least two of the Vice-Chairpersons”. (c) by inserting immediately after subsection (6) the following — “(7) The Chairperson, Vice-Chairpersons and members of the Tribunal shall be entitled to receive such allowances as may be prescribed by the Chief Justice from time to time.” [18th August 2025] Children (Amendment) Act 314 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of Section 78 6. Section 78 of the principal Act is amended by inserting immediately after subsection (9), the following — “(10) Notwithstanding the provisions of subsection (9), the Tribunal may, at any stage of proceedings under this Act, refer the parties to mediation, if it is in the best interests of the child and where the Tribunal considers it appropriate .The provisions of paragraphs (a) and (b) of subsection (9) shall, mutatis mutandis, apply in respect of mediation under this subsection.” Amendment of Section 78A 7. Section 78A of the principal Act is amended in subsection (7) by repealing the words commencing from “is guilty of an offence” and ending with the words “to a fine of R20,000”, and substituting therefor of the following — “shall be guilty of contempt of the Tribunal and be liable to imprisonment for a term not exceeding 3 years, or to a fine not exceeding SCR 30,000, or to both such fine and imprisonment.” Consequential amendments 8. The Domestic Violence Act, 2020, is amended by the repeal of section 18 and substituting therefor of the following — “Contravention of protection order 18.(1) A respondent who intentionally contravenes an interim protection order or a protection order shall be guilty of an offence and is liable on conviction — (a) in the case of a first offence, to a fine not exceeding SCR 30,000, or to imprisonment for a term not exceeding 3 years, or to both such fine and imprisonment; and [18th August 2025] Children (Amendment) Act 315 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (b) in the case of a second or subsequent offence, to a fine not exceeding SCR 50,000, or to imprisonment for a term not exceeding 5 years, or to both such fine and imprisonment. (2) Rules to regulate proceedings for contravention of a protection order under this section may be made by the Chief Justice.” . I certify that this is a correct copy of the Bill which was passed by the National Assembly on Wednesday 6th August, 2025. Mrs. Tania Isaac Clerk to the National Assembly