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Supreme Court of Vanuatu |
IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
Civil Case No. 89 of 1999
Adoption Case 12 of 1999
Adoption Case 14 of 1999
IN THE MATTER OF: span>The Guardianship Act 1971
AND IN THE MATTER OF: The Adoption Act 1958
AND IN THE MATTER OF: Jessica Malili
AND IN THE MATTER OF: Chelsea Lee
Coram: Coventry J
JUDGMENT
I have before me the Judgment of the Hon. Acting Chief Justice dated 10 September 1999 in which he made the child �Jessica Charlene� a ward of Court. Interim custody was given to Mr. and Mrs. Richard Malili.
On 17 September 1999 the Hon. Acting Chief Justice made an order giving �interim custody, care, control and supervision to Deborah Lee and Craig Walter Marcombe�, and that there be �reasonable access granted to the Malili family in the presence of the Marcombes so as, amongst other things, to enable them to contribute to the maintenance of the child�s cultural heritage�.
On or about 27 August 1999 Mr. and Mrs. Malili formally made application to adopt the child, referring to her as �Jessica Malili�.
At about the same time Mr. and Mrs. Marcombe formally made application to adopt the child referring to her as �Chelsea Lee�.
The two applications came before the Court on 5 April 2000. Mr. Malili was present in person to represent himself and his wife and Mr. and Mrs. Marcombe were present in person.
Mr. Malili informed the Court that he and his wife no longer wished to pursue their application. Mr. Malili stated that he had various concerns. Accordingly an order was made on 5th April for the progress of the applications and particularly to allow Mr. and Mrs. Malili time to consider their decision and to put in writing to the Court their concerns and state whether or not they wished to continue with their application.
On or about 17 April Mr. and Mrs. Malili lodged a document containing their concerns and also a document signed by both saying that they �both agree to let the abandoned child � be adopted by the Marcombe family�.
On 26 April further representations were received from Mr. and Mrs. Marcombe.
On 4 May Mr. and Mrs. Marcombe attended the Court. Mr. and Mrs. Malili did not attend Court. The matter was adjourned to 5 May. In the afternoon of 4 May I visited the Marcombe home and saw the child. A full note of that visit is on the file. The purpose of the visit was to see the child and not to inspect the house or surroundings or make any similar assessment of the applicants or their circumstances. There are no Court welfare officers or social workers involved in adoption matters. There was nothing in that visit which gave concern that Mr. and Mrs. Marcombe were unsuitable as adopting parents, nor that the child acted in a way other than a child would towards her parents.
On 5 May Mr. and Mrs. Marcombe attended Court. They affirmed on oath the truth of the written and oral representations they have made to the Court. They also confirmed that they had not received or agreed to receive any payment in the terms set out in Section 7(1)(c) of the Act.
I am satisfied that the mother of the child has abandoned her and further her parents cannot be found. Accordingly I dispense with their consent. Further I am satisfied that the condition of Section 7(1)(c) of the Act has been met.
The paramount consideration must be the welfare of the child. Mr. and Mrs. Marcombe are the only applicants for an adoption. This does not mean they can automatically adopt the child. I must be satisfied they are suitable persons to adopt the child. They have a stable marriage and a six year old child of their own. They have looked after the child for over seven months. Both the child and they have been certified as medically fit and there are character references. Mr. and Mrs. Marcombe are relatively well off by Ni-Vanuatu standards. They have decided to make Vanuatu their long term home, have relations living with them and have invested considerably in a tourist resort which is currently being expanded. They do retain their Australian citizenship and have not evinced any current wish to take Vanuatu citizenship when they will have lived in the country for ten years.
Mr. and Mrs. Marcombe are clearly aware of the issues involved in an adoption and particularly one when the child is of a different skin colour and comes from a different cultural background from their own. They have pledged their willingness to ensure the child will be aware of her cultural inheritance, and have in focus their principles if the child should wish to seek her natural mother.
Whilst Mr. and Mrs. Malili have not pursued their application, many of the concerns they raised concerning the child and her cultural heritage are matters which must be taken into account. I do this not specifically on behalf of the Malilis but as part of the consideration of the child�s welfare.
I am satisfied it is in the best interest of the welfare �Chelsea Lee� that an adoption order is granted to Deborah Lee and Craig Walter Marcombe of �Poppy�s on the Lagoon�, Port Vila, Vanuatu. A proposed condition concerning the cultural inheritance was accepted by Mr. and Mrs. Marcombe. I find it is in the interests of the child there be such a condition.
I formally dismiss by consent the application of Mr. and Mrs. Richard Malili. Given the fact that an adoption order has been made and the circumstances of the adopting parents there is now no reason why �Chelsea Lee� also known as �Jessica Charlene� should remain as a ward of Court and I formally discharge that order.
Dated at Port Vila, this 5th day of May, 2000.
R. J. COVENTRY
JUDGE---------------------------------------------------------
IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
Civil Case No. 89 of 1999
Adoption Case 12 of 1999
Adoption Case 14 of 1999p class="MsoNormal" aal" align="center" style="text-align:center">IN THE MATTER OF: The Guardianship Act 1971
AND IN THE MATTER OF: The Adoption Act 1958
AND IN THE MATTER OF: Jessica Malili
AND IN THE MATTER OF: Chelsea Lee
Coram: Coventry J
JUDGMENT
UPON HEARING Mr. and Mrs. Marcombe in person it is hereby ordered:
1. That the adoption application of Mr. and Mrs. Richard Malili be dismissed by consent.
2. That Deborah Lee and Craig Walter Marcombe are authorised to adopt the child Chelsea Lee.
3. That it be a condition of the adoption that Deborah Lee and Craig Walter Marcombe �use their best endeavours' to ensure that Chelsea Lee is aware of and, as for possible, knowledgeable of her cultural origins and inheritance�.
4. That the Order made on 17 September 1999 by the Hon. Acting Chief Justice making �Jessica Charlene�, �Chelsea Lee�, a ward of Court be discharged.
Dated at Port Vila, this 5th day of May, 2000.
R. J. COVENTRY
JUDGE.
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