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L v W [1996] WSSC 2 (31 July 1996)

SUPREME COURT OF WESTERN SAMOA

L v W

Counsel: T Malifa for applicant
R Drake for respondent

Judgement: 31 October, 1996
Hearing: 31 July 1996

L & W were married in October 1992 and had twins - boy and a girl, born on 30 July 1993.

The couple separated in September 1994 and wife moved with the children and stayed with her uncle's place. Wife worked full time in an office in Apia and Husband was a motor mechanic and had since the separation, moved back to his family in Savaii.

On 28 December 1994, an interim order of custody of the children was granted to the wife. On 28 March 1995, orders were made by consent of both parties granting custody of the two children to the Respondent and Applicant. The wife is now seeking to discharge the consent orders of 28 March 1995 and for the custody of the two children to be granted to her. The husband opposes the application.

Decision

Custody was awarded to husband on these grounds:

- Wife is living with uncle and aunt. Aunt did not express a desire or willingness to care for the children.

- Wife was a full time working mother and was at the time undergoing special training by her employer.

- Wife did not have anyone and had not made any arrangements with anyone to look after the children when she goes to work.

- The husband was threatened once by the wife's aunt, when he came to collect the children.

- The husband was managing his family's business in Savaii and had the children in the care of house girls and his parents when he went away from home.

- Both husband and wife were proven to the court as dedicated and loving parents.

Access was granted to the mother.