A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

CONSTITUTIONAL LAW
Pacific Islands: Vanuatu
Marriage and Family Life
Custody and Guardianship
Patricia Molu (Petitioner) v Cidie Molu (Respondent)
Civil <strong>Case</strong> 30 <strong>of</strong> 1996
Supreme Court, Port Vila
15 May 1998
Lunabek Acting CJ
<strong>Law</strong>s and International Instruments Considered
Convention on the Rights <strong>of</strong> the Child 1989, Article 3(1);
Matrimonial Causes Act CAP 192, Sections 15(1), (2), 4;
Ratification Act No 26 1992.
This case examines the principles on which child custody decisions should be
based. The Court considered firstly, the customary laws <strong>of</strong> Vanuatu which provide
that a father should be given custody <strong>of</strong> children, and secondly, the Matrimonial
Causes Act CAP 192, which provides that the welfare <strong>of</strong> children is the paramount
consideration in custody cases. The Court considered these issues in light <strong>of</strong>
international conventions that protect the rights <strong>of</strong> children.
The petitioner Patricia Molu, and the respondent Cidie Molu, were married in August
1992 and had three children. On 26 September 1996, the marriage was dissolved.
At the time <strong>of</strong> the divorce the oldest son Yannick Molu (10 years old), was living
with Patricia Molu’s family and had been since a young age. The couple’s 6 year old
daughter, Annie-Rose Molu, continued to live with her mother after the divorce in a
rented house in Port Vila. The youngest child, Ian Molu, (4 years old), had lived with
his father’s family since February 1996. Although Patricia Molu had not consented
to the removal <strong>of</strong> Ian by her husband’s family she had not sought his return prior to
these court proceedings.
Patricia Molu initiated court proceedings seeking custody <strong>of</strong> the three children after
an unsuccessful attempt to negotiate custody and child maintenance with her exhusband.
Cidie Molu also sought custody <strong>of</strong> the three children and child maintenance
from his ex-wife. In addition he lodged a claim for the return <strong>of</strong> the bride price
(dowry) and wedding expenses.
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