Adoption of Benjamin Alufa Maguna Amito, Re [2020] SBHC 20; HCSI-CC 669 of 2019 (27 March 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Adoption of Benjamin Alufa Maguna Amito; Re
Citation:
Date of decision:	27 March 2020
Parties:	Benjamin Alufa Maguna Amito and Brian William Oman, Alice Oman
Date of hearing:	7 February 2020(Written Submission only)
Court file number(s):	669 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia PJ
On appeal from:
Order:	Adoption application is hereby granted Mr. Brian Oman and Mrs Alice Oman do jointly adopt Benjamin Alufa Maguna Amito
Representation:	Mr. B Upwe for the Applicants
Catchwords:
Words and phrases:
Legislation cited:	Adoption Act 2004, Adoption Amendment Act 2017, s 25
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 669 of 2019

BETWEEN:

BENJAMIN ALUFA MAGUNA AMITO
Child

AND:

BRIAN WILLIAM OMAN
Husband Applicant

AND:

ALICE OMAN
Wife Applicant

Date of Hearing: 7 February 2020 (written Submission Only)
Date of Decision: 27 March 2020

Mr. B Upwe for the Applicant

GRANT OF ADOPTION ORDER

1. Mr. Brian William Oman and Mrs. Alice Oman, are a married couple. Mr. Brian Oman is a citizen of Australia. Mrs. Alice Oman is a citizen of Solomon Islands (SI). Applicants solemnised their marriage in Western Province, on 6/12/2018, before Magistrate Davis Vurusu, officiating as Registrar of Marriage. Prior to solemnising their marriage, the married couple have lived a defacto relationship for 6 years. This means the defacto relationship may have commenced in 2011/2012.
2. The child is no stranger to the applicants. The child is the son of Mrs. Alice Oman, wife applicant, from her first marriage, to a Papua New Guinea husband, namely Benjamin Amito. The child was born in Port Moresby in 2010. But has since been raised up in SI. Mother of child, relocated to SI with the child. And has since been living a defacto relationship with Mr. Brian Oman, from about 2011/2012. Solemnised marriage since 2018. The child has grown up under the applicants’ care since 2011/2012.
3. This application is not objected. So the outcome is pre-determined. Nonetheless, I must still consider the materials against the law on adoption. The law is Adoption Act 2004 (No. 4 of 2004), amended in 2017 – Adoption Amendment Act 2017 (No 42017). The said Act laid down stringent requirements for making of adoption orders. I will highlight the stringent requirements.
4. I need to consider more vigilantly the requirement that the applicants must be ordinarily resident in SI. And if not then the applicants must supply a report from the adoption authority in the country that the applicants are ordinarily resident, certifying applicants’ suitability to adopt a child. Such report will then be attached to a report from our local social welfare office. My considered view is that this will apply to applicants (s) who are coming from overseas, just to adopt a child, without any attachment to this country. Court has to be careful in seeing a report from the adoption authority in the overseas country. Here the applicants are residing in SI. Husband applicant is a citizen of Australia, currently working and residing in SI. Wife applicant is a citizen of SI. That is possible today because the globe is like a village. Solomon Islanders can marry to overseas residents. And can make the overseas country of their spouses their home. They can also make this country their home.
5. Solomon Islanders can migrate overseas for work, marriage, residence and some may eventually end up changing their citizenship. This is what is likely to happen here. Applicant husband is a professional, Australian citizen and moves around the Pacific for employment purposes. Applicants and child moves in between Australia, SI and other Pacific countries, whenever the husband applicant migrates for work purposes. Husband applicant is a Construction Manager with Reeves International. Eventually the couple intends to settle down in Australia. Husband applicant wants to see his wife applicant and the child settled in Australia, so the child can attend school. Husband applicant can then move around in the Pacific region for work purposes.
6. Wife applicant is from SI. Husband applicant is from Australia, but currently reside in SI on work permit. These inter-country connection aspects of the applicants’ marriage life, led me to conclude that applicants have strong attachment to Solomon Islands. I am satisfied applicants have family connection to Solomon Islands. The world is a village. And people’s cross-border connections/linkages like in marriage and family, should be enhanced and not forbidden. The 2017, amendment do recognise inter-country^[1] adoption. So I can dispense with the requirement for a report from the adoption authority in Australia. I do have a local social welfare report produced for the child, which highly recommended adoption, in favour of applicants.
7. One other important requirement is whether application is for the welfare and best interest of the child. The answer must be in the affirmative, in view of the social welfare report. Applicant husband is a high income earner and has residence in Melbourne. Applicants and child also have love and bonding. Other requirements are consent of child’s parents, good health of applicants and child, child be in the continuous care and possession of the applicants 3 months prior to adoption order and no inducement by payment. Materials before me speak affirmatively in all these stringent requirements. Applicant wife is the mother of child. So consent is no issue.
8. In all that I say, I am satisfied applicants have family attachment to Solomon Islands. And above all, this adoption application, is for the welfare and best interest of the child. Applicants have educational plans for the child in this adoption application. Applicants want to settle down in Australia to send the child to school. Currently the husband applicant is sending the child to an elite expensive school in Honiara. This speaks volume about the applicants’ concern for the child’s welfare. This application is an effort to stabilise things for the whole family and to eventually ensure the child is settled in Australia for education purposes.
9. So I will grant this adoption application as follows:-
   • 9.2 Adoption application is hereby granted.
   • 9.2 Mr. Brian Oman and Mrs. Alice Oman do jointly adopt Benjamin Alufa Maguna Amito.

THE COURT
JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] Section 25 (5) of the of the Adoption Amendment Act 2017