In re Armstrong (Infant) [2012] SBHC 26; HCSI-CC 8 of 2012 (2 April 2012)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 8 of 2012

IN THE MATTER OF SHANNEL KATE LYKA ARMSTRONG (INFANT)

AND

IN THE MATTER OF ADOPTION ACT 2004 (NO. 4 OF 2004)

Date of Hearing : 16 March 2012
Date of Ruling : 2 April 2012

Mr. D. Marahare for the Applicants

RULING

1. This is an application filed on January 20 2012, for a joint adoption order pursuant to section 3 of the Adoption Act 2004 and Regulation 5 of the Adoption Regulations 2008 to adopt an infant. The infant to be adopted is Shannel Kate Lyka Armstrong ("the infant").
   
2. Infant Shannel Saua is a female and was born in Solomon Islands on 12 March 2009. The medical report on the Infant shows that she is healthy and physically strong and has duly completed vaccination or immunization against Tuberculosis, smallpox, diphtheria, whooping cough, poliomyelitis, tetanus and other disease. And that she is mentally normal.
   
3. Shannel Saua's biological parents are Arthur Saua and Annie Teriba. They have both given their consent to this adoption application, and understand that once final adoption order is made they would no longer have care, control or responsibility for the Infant from that time on.
   
4. The Applicants, Babra Armstrong (whose other names are Matuavi Makolo) and Gordon Armstrong (whose other names are Hugh Trevor) were married in church on 29 May 2010, Red Beach, on Guadalcanal.
   
5. Babra Armstrong was born on 21 July 1985 and has been living in Solomon Islands since birth. She is a Solomon citizen who comes from Sikaiana Island in the Malaita Province. She is both related to the biological parents of the Infant.
   
6. Gordon Armstrong comes from Scotland but now an Australian Citizen. He is 50 years old. He lives and works in Tasmania as a Paramedic with the Tasmania Ambulance Service, earning $75,000.00 AUD annually. His address is 360 Wilmot Road, Forth Tasmania, Australia, or C/- P.O. Box 1362, Honiara, Solomon Islands.
   
7. Babra and Gordon Armstrong met each other in Solomon Islands in 2008 while Armstrong was working with RAMSI. The plan to adopt the Infant began from there and that how this Infant came within their family. Since then they treated the Infant as their own and the Infant addressed them both as father and mother.
   
8. While Gordon Armstrong has returned to his work in Australia, he returns to be with Babra and the Infant after every three months and Babra and the child have just returned from visiting Gordon Armstrong in Australia. He sends a total amount of $6,000.00 a month for Babra and the Infant to meet food, rentals, water and cash power of a rented house at White river, in Honiara, Solomon Islands.
   
9. Gordon Armstrong has a property (house) in Australia. He looks forward for this adoption case to go through the court. He assured his wife Babra that he is prepared to keep Infant as his own. Babra is not working but she is confident that she and the Infant are secured with Armstrong and that they would be better off with him.
   
10. The court considers that it will be in the best interest of the Infant to grant a joint order of adoption sought in this application.
    

ORDER:

That the Joint adoption of Shannel Kate Lyka Armstrong is granted to Mr Gordon Armstrong and Mrs Babra Armstrong.

Order accordingly.

THE COURT