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Garae v Garae [2000] VUSC 70; Matrimonial Case 001 of 2000 (21 November 2000)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Matrimonial Jurisdiction)

Matrimonial Case No.01 of 2000

BETWEEN:

LEITARE GARAE

Petitioner

AND:

KILLES GARAE

Respondent

Mr. Edward Nalial for the Petitioner Mr. Kiel Loughman for the Respondent

Hearing of Application for custody and maintenance

UPON HEARING Both counsel, and with their client consent I make the following orders:-

1. That the two children, Samantha Garae and Clinton Garae be in the custody of their mother Leitare Garae;

2. The father shall have access to the children;

3. Leitare Garae shall not prevent Kielles Garae to have access to the children unless the prevention is based on reasonable grounds;

4. Prevention without a reasonable ground in giving access to the children is a contempt of Order No. 3;

5. Kielles will be responsible also for the up keeping and Maintenance of the children while they are in Leitare's custody;

6. These orders shall continue until each child attains the age of 16 years or revoked by a court of competent jurisdiction;

7. Further and upon hearing both counsels, it is also ordered that:-

a) Kielles Garae shall not threaten the said children or harm them in any way or does anything that may threaten or hinder their well being while under his responsibility;

b) If Kielles breaches Order No. 7(a) then Order 2, 3 and 4 be revoked;

c) For order No. 7(b) to be effective, Leitare Garae must make a formal complaint by application to the Court for hearing, and if the Court satisfy of the elements of Order No.7(a), then Order 2, 3 and 4 be revoked.

Dated at Port Vila, this 21^st day of November 2000.

R. MARUM MBE

JUDGE

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