What the laws in Seychelles say about children and separation |07 August 2021

Today we bring you a contribution from the National Children Council about children and separation and what the laws in Seychelles say about it.

It is useful to note that marital relationship is one that requires in many instances a profound adjustment in behaviour on the part of each partner. Because the intimacy of the relationship exposes the best and the worst in their characters, both partners are engaged in a balancing act, so to speak.

Some couples are able to achieve at the outset and to maintain a high degree of harmony throughout their marriage. Many others find they must struggle for some time to attain such harmony. While it is true that the personal rights of each party to a marriage must be upheld by the other, the relationship of one to the other, it must be borne in mind, is not based solely on a legalistic premise. Love is its very foundation.

This being the case, a purely litigious reaction to the misdeeds of a partner is not appropriate. The integrity of the family bond must be constantly considered and the rights of the individual members must not be transgressed.

Unfortunately, when this happens, the ultimate solution which is separation/divorce occurs.

What does the Seychelles laws say about children when there is separation or divorce?

In the Matrimonial Causes Act, order for care, custody etc in respect of a relevant child (1) Subject to section 24, the court may make such order as the court thinks fit for the access, care, custody, maintenance and education of a relevant child ‒

(a) in any proceeding for divorce or nullity of a marriage or an order of separation, before, at the time of or after the order of divorce or nullity has been made absolute or the granting of the order of separation;

(b) where a proceeding for divorce or nullity of a marriage or an order of separation is dismissed after the beginning of the trial forthwith or within a reasonable period after the dismissal.

(2) The court may instead of or in addition to making an order under subsection (1) refer a relevant child or any matter relating to the welfare of a relevant child to the director responsible for children affairs under the Children’s Act for appropriate action under that Act.

(3) The court may, at any time, vary, discharge or suspend an order, or any part of an order, made under this section or, where the court has suspended an order or any part of an order, revive the order or that part of the order so suspended.

(4) The court may at any time, in the course of any proceeding under this section request the director responsible for children affairs under the Children’s Act to produce any report or provide assistance in respect of any matter which the court thinks fit and the director shall comply with any such request.

On a petition for divorce or nullity of a marriage or an order of separation, the court may make such order requiring a party to the marriage ‒

(a) to make to the other party or to any person, for the maintenance of the other party;

(b) to make to any person for the benefit of a relevant child, such periodical payment for such term, being a term not earlier than the date of the presentation of the petition, as the court thinks reasonable in the circumstances.

Compiled by Vidya Gappy