Palu v Taufa [2018] TOSC 4; Family Case 49 of 2017 (10 January 2018)

BETWEEN : FEHOKO FOLIAKI PALU

- Petitioner

AND : MELEANE TAUFA

- Respondent

BEFORE LORD CHIEF JUSTICE PAULSEN

Hearing : 10 January 2018
Date of Ruling : 10 January 2018

Counsel : Mr D. Corbett for the petitioner
The respondent in person

RULING

[1] This matter was called before me today to consider an urgent application by the petitioner to define access arrangements for the children of her marriage to the respondent.
[2] The children that are the subjects of this application are Mele Olga Pulonga-‘A-Tonga Palu (female, born on 19 February 2008) and Selai Pasikole Viela Manatu-Ki-Palataisi Palu (female, born on 29 November 2009).

[3] The short background to the application is that on 22 June 2017 an Order was made dissolving the marriage of the petitioner and the respondent. Custody of the two children was granted to the respondent with reasonable access reserved to the petitioner. However the respondent has now handed custody of the children to the petitioner’s sister, Christine Funaki. In recent times the petitioner has not been allowed access to her children. This unsatisfactory state of affairs has now gone on for four months.

[4] At the hearing today I heard from Mr Corbett for the petitioner, the respondent as also from Ms Christine Funaki Talau. Neither the respondent nor Ms Funaki wish to prevent the petitioner from hving access. I understand that the respondent is concerned as to the length of time that it is proposed the petitioner would exercise access and that during such periods of access he wants the children to attend the Free Wesleyan Church rather than the Church that the petitioner and her partner attend. For her part Ms. Funaki explained that she had not agreed to the petitioner having access in recent times because she was concerned about difficulties that had arisen between the petitioner and her partner. However nothing I have heard suggest to me that the children will not be safe in the petitioner’s care and I consider it in their best interests to that the petitioner have weekend access to them on the basis that such arrangements will be subject to review in the short term.

[5] After hearing from all parties (and recognising the respondent’s concerns) I make the following orders:

[5.1] The petitioner shall exercise weekend access to the said children between 5pm Friday and 5pm Sunday each week. During the period of access the children will stay with and be under the care and control of the petitioner.

[5.2] The respondent is to arrange for the children to be available for collection by the petitioner at 5pm each Friday from the home of his brother ‘Etuate at Kolomotu’a. The children shall be returned to the same place at 5pm each Sunday. It is understood that outside these times the children will continue to reside with Ms Funaki.

[5.3] The children are to attend a service at the Free Wesleyan Church each Sunday (unless prevented from doing so due to illness or like cause).

[5.4] These orders shall be subject to review by the Court at 9am on 31 January 2018.

[5.5] I reserve leave to any party to have the matter called before me on 24 hours’ notice if necessary.

O.G. Paulsen
DATED: 10 January 2018. LORD CHIEF JUSTICE