In the matter of Trevor Keith Joseph Hobson (Order) (MA 199/2017) [2017] SCSC 913 (31 July 2017)

IN THE SUPREME COURT OF SEYCHELLES Civil Side MA 199 of2017 Arising from XI' 11412016 {20171 scsc €, "I;;,. In the Matter of Trevor Keith Joseph Hob-son - - · - - - --- Heard 19 July 2017 Counsel: Ms, K. Domigue for the Applicants. Delivered on: 01 August2017 ORDER Vidot J [l] [2] On 15th December 201{), this Court delivered a Provisional Adoption Order in terms with Sectiou 44( I) of the Children Act. This followed an application made by Hilda Cecile Hobson and Nicholas John Hobson for the adoption of Trevor Keith Joseph Hobson. The Provisional Order was issued because the Applicants were not living in Seychelles ru1d it was expected that they would subsequently confirm the Order in Northern Ireland where Mr. Nicholas Hobson has his usual residence. The Applicants averred that they are living in Ascension Is]and where they are working. However, they do not hotd residency status in Ascension. They have attached to their application an Affidavit swom by Walter Scott who is the Solicitor general of Ascension who confirmed that Ascension "makes no provision for belonger l islander status. All residenrs on Ascension are granted leave to [3] [4] [5J [6] [7] [8) [9] remain restricted to the duration of their employment. There is no right of indefinite leave to remain or Ascencion Island status." The Applicants further aver that they caru10t have the Order of 151 h December 2016 confirmed in Northern Island as they would be required to domicile in Northern Island for 3 months and since they are in full employment on Ascension that will not possible. Mrs. Hobson further stated that at present only militruy planes are allowed landing rights as the airport is under repairs and not functional and so movement is restricted. The Applicants are now facing difficulty as they are planning Trevor's further studies in the United Kingdom for the commencement of 2017/2018 academic year that starts in September 2017. The Applicants are now making application that the Provisional Order be made final and invite Court to take special consideration as far as their residency status is concerned .. They invite Court for the purposes of this case to consider the place of residence of Mrs. Hobson and the minor to be Seychelles as they don't have residency in any other country. They further argued that this will be in the best interest of the minor. Section 34(2) of the Children Act provides that an Adoption Order shall not be made unless the child is residing in Seychelles. Section 37(1) provides that «an adoption order may be made on the application of a married couple where each is 21 years of age or older, but an adoption order shall not otherwise be made on the applicalion of more than one person". I have already in the Order of the 151 h December 2016 that the Applicants are competent people for the purpose of the adoption of Trevor Keith Joseph Hopson. Mrs. Cecile Hobson is the mother of the minor and the biological father, Mr. Louis Low Hong has given his consent to the adoption. For the purposes of this application I find that Cecile Hobson and the minor have no other residency apart from Seychelles, despite the fact that they live on Ascension Island. I take note of the provisions of Section 37(2) which reads thus; 'Except with the consent of the President, an adoptio11 shall not be made of a married couple unless at least one of them is residing in Seychelles. " As above stated I am satisfied that the residency of Mrs. Hobson is Seychelles. I further believe as fully explained in the Order of 15th December 2016 that the adoption is without doubt in the best interest of Trevor. Therefore, the said Oder is herein confarned. Therefore in lenns with Rule 16(1) of the Adoption (Adoption) Rules ("the Rules") I direct the Registrar of the Supreme Court to forward the Application together with all supporting documents to the President of the Republic for the exercise of his powers under Sections 37(2) and 38(2) of The Children Act. [ 1 O] I further direct the Registrar that once the President has signified his consent, that within 7 days thereof, a copy of this Order and the President's consent be served on the Chief Officer o the Civil Status in terms with Rule 18 of the Rules. After receipt of the same by the Chief Civil Status Officer, he shall in terms with Section 64(2) of the Children Act, make the prescribed entry in the Adopted Children Register. Signed dated and delivered at Ile Du Port on this O 1 August 201 7 Judge of the Supreme Court