Adoption of Van Den Heever, Re [2019] SBHC 21; HCSI-CC 356 of 2018 (13 March 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Adoption of Van Den Heever, Re
Citation:
Date of decision:	13 March 2019
Parties:	Tehuti Lolo Van Den Heever, John Graham Van Den Heever, Doreen Juela Van Den Heever
Date of hearing:	7 March 2019 (Written submission)
Court file number(s):	CC 356 of 2018
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia’ PJ
On appeal from:
Order:	Adoption application is hereby granted. Mr John Graham Van Den Heever and Doreen Juela Van Den Heever, do jointly adopt Tehuti Lolo Van Den Heever, born on 18/07/2011, to Varney William Tongaka and Beverly Tongaka
Representation:	Ms. K Kohata for the Joint Applicants
Catchwords:
Words and phrases:
Legislation cited:	Adoption (Amended) Act 2017
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 356 of 2018

BETWEEN:

TEHUTI LOLO VAN DEN HEEVER
Infant

AND:

JOHN GRAHAM VAN DEN HEEVER
Applicant-Husband

DOREEN JUELA VAN DEN HEEVER
Applicant-Wife

Date of Hearing: 7 March 2019(Written Submission)
Date of Decision: 13 March 2019

Ms. K Kohata for the Joint Applicants

GRANT OF ADOPTION ORDER

1. Adoption application is the most simple litigation matter that any civil lawyer should gladly embrace for a speedy outcome. It is even easier where the application is uncontested. Counsel had impressed upon the court that the application is urgent, by filing a certificate of urgency on 3/10/2018. On 6^th November 2018, court attended to the urgency and appointed a guardian ad litem. Court also order, counsel to restore the matter with notice, after a report by the guardian ad litem is completed. That report was in court file as at 14/11/2018. On 22/11/2018, I directed counsel to file written submissions by 10:00 am on 27/11/2018. I indicated, I may make decision on written submissions. My associate conveyed those instructions by email dated 22/11/2018. There was no written submission filed. Counsel only filed written submissions on 7/03/2019, after persistent push from the applicants. The persistent push had regrettably intruded into court protocols. For the joint applicants shouldn’t be approaching the court directly, except through counsel. Counsel should not force clients into repeat of the same in the future. It reflects badly on capability and professionalism.
2. The joint applicants (applicants) have 2 teenage twin daughters. Applicants want to adopt the child Tehuti Lolo Van Den Heever (Lolo) as their third daughter. The child is no stranger to the applicants. For Lolo, is the niece, of the wife applicant, being born to her brother; Mr. Varney William Tongaka. The child has been in the applicants’ care, love and possession since 2015, though was born on 18/07/2011. This adoption application is not objected. It appears to be a family arrangement.
3. On the materials, the applicants have met the stringent requirements for making of adoption orders under the Adoption (Amendment) Act 2017 [No 4 of 2017]. I will re-hearse some of the requirements that the applicants have met. They include: welfare and best interest of the child; consent of child’s parents; good health of applicants and child; child be in the continuous care and possession of the applicants for 3 months prior to adoption order, no inducement by payment etc.
4. There is one requirement that raised doubt in Counsel’s mind. And she went at great length to make submissions on. The requirement that an applicant must be an “ordinarily resident” in Solomon Islands^[1]. And if not, then the applicant must supply reports from the adoption authority in the country that the applicant is “ordinarily resident”, certifying the applicant’s suitability to adopt a child. Such report will then be attached to a report from our social welfare office. In my view this will apply, to an applicant, who is coming from an overseas country, just to adopt a child, without any attachment to this country. Then the court has to be careful, in seeing a report from the adoption authority in the overseas country. In here, the applicants are residents of Solomon Islands and United States (the States). That is possible today, because the globe is like a village. Solomon Islanders can marry to overseas residents. And can make overseas countries of their spouses their home. They can also make this country their home. This is what is happening here. The husband applicant is from the States. The wife applicant is from Solomon Islands (SI). The applicants move between the States and SI for family, holiday and business purposes.
5. The applicants own properties and business in SI and the States. These inter-country connection aspects of the applicants’ marriage life; led me to conclude that they are “ordinarily residents” of both SI and the States, dating back to 30/03/1992, when they got married. This is a long time back. I was only in Form 6 then. I am satisfied the applicants have abode in SI and the States. Solomon Islands is heading towards enacting a dual Citizenship Act; as announced in public recently. It shows that SI is thinking broad and globally. That the world is a village. And people’s cross-border connections/linkages like in marriage should be enhanced and not prohibited. The 2017 amendment also recognises inter-country^[2] adoption.
6. In all that I say, I am satisfied the applicants are “ordinarily resident” in SI. And that this adoption application is made for the welfare and best interest of the child.
   • 6.1. Adoption application is hereby granted.
   • 6.2. Mr. John Graham Van Den Heever and Doreen Juela Van Den Heever, do jointly adopt Tehuti Lolo Van Den Heever, born on 18/07/2011, to Varney William Tongaka and Beverly Tongaka.

THE COURT
JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] Section 25 (1) – (5) of the Adoption (Amendment) Act 2017 [No. 4 of 2017].
^[2] Section 25 (5) (b) of the same Act.