Ex Parte: Joubert and Another (12 of 2007)  SCSC 55 (24 January 2007);
IN THE SUPREME COURT OF SEYCHELLES
EXPARTE: FLORENCE AGNES JOUBERT AND STEVE DINE
Civil Side No. 12 of 2007
Mr. F. Ally for the Petitioners
ORDER OF GUARDIANSHIP
Florence Agnes JOUBERT of Foret Noire, Mahe and Steve George DINE of Anse Aux Pins, Mahe, first and second petitioners respectively, have filed a joint petition in this Honourable Court to have appointed the first applicant as the Guardian of one Shamilla Lilliane Luciana DINE, their minor child. The petition is accompanied with two affidavits sworn by each one of the applicants.
It emerges from these documents that the petitioners are and even at the time of the birth of the child (9th of April 1997) were not married but both of them do recognise the said child. (The child’s birth certificate was exhibited and attached on their affidavits). The child is currently in the custody and care and under the control of the first petitioner. It was further deposed that the first petitioner intends to travel abroad with the child and settle permanently out of Seychelles. The second petitioner has no objection to this application and the prayers sought similarly, Mr Chetty, who appeared on behalf of the Attorney General informed the court that the Attorney General did not oppose the proceedings.
Further, the first petitioner is able and willing to be appointed Guardian of the child and generally manage her welfare and property as well as to carry out the functions and duties of a Guardian as prescribed by law. She is not subject to any legal incapacity to be appointed as Guardian of the child.
Being satisfied in these circumstances that this petition is in the best interest of the child and basing on the strength of the documents before me, I accordingly grant the petition and appoint Florence Agnes JOUBERT as the GUARDIAN of Shamilla Lilianna Luciana DINE.
I so order.
Dated this 25th day of January, 2007