Michell v Michell & Togase - Order [2001] VUSC 70; Matrimonial Case 002 of 2001 (11 July 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Matrimonial Jurisdiction)

Matrimonial Case No. 2 of 2001

BETWEEN:

HELLEN MICHELL

Petitioner

AND:

ALICK MICHELL

Respondent

AND:

PATRICIA TOGASE

Co-Respondent

ORDER

UPON hearing Mr. Edward Nalial for the Petitioner and Mr. Willie Daniel for the Respondent, the Court issues the following Orders:

I. CUSTODY, CARE AND CONTROL OF THE CHILDREN OF THE MARRIAGE

A - Custody, care and control of the child IAN COLLIN ALEX (now known as IAN NOMPWAT TEVLONGONEI) MICHELL (15 years).

(1) That a joint custody is granted to both the Petitioner/mother and the Respondent/father in respect t to the child Ian Collin Alex Michell.

(2) That the child Ian Collin Alex Michell be under the care and control of her mother/Petitioner.

(3) That the Respondent/father will have reasonable access to his son Ian Collin Alex Michell during weekends, public holidays or school holidays or any time as arranged by both the Petitioner/mother and the Respondent/father.

B - Custody, care and control of the child ANITA MICHELL (12 years)

(1) That a joint custody is granted to both the Petitioner/mother and the Respondent/father in respect to the child Anita Michell.

(2) That the child Anita Michell will be under the care and control of mother/Petitioner.

(3) That the Respondent/father will have reasonable access to her daughter Anita Michell during weekends, public holidays, school holidays or any time as arranged between the Petitioner and the Respondent.

II. MAINTENANCE OF THE CHILDREN OF THE MARRIAGE

A - Maintenance of the children IAN MICHELL and ANITA MICHELL

(1) That the Respondent/father is ordered to pay to the Petitioner a lump sum of 100,000 Vatu x 2 = 200,000 Vatu per year for the maintenance of the 2 children: Ian Michell and Anita Michell until they both reach 18 years of age.

(2) That the Respondent/father may pay the lump sum ordered by installments.

(3) That the Order of maintenance of the children may be amended/varied/extended by agreement of both parties or by order of the Court in the event that after each of the children reaches 18 years and he/she attends an educational institute or university or otherwise, or still needs to be maintained.

(4) Both the Petitioner/mother and Respondent/father are jointly and equally responsible for the payment of the schools fees of the children: Ian Michell and Anita Michell. The payments are in equal parts (50:50)for the 2 children.

III. MATRIMONIAL PROPERTIES

A. Land Leasehold Title 11/OH24/040 upon which the dwelling house (Matrimonial House) is built

(1) That the Respondent/Father, Alick Michell, shall vacate the matrimonial home with his personal belongings with immediate effect.

(2) That the Petitioner/mother, Mrs. Hellen Michell and the two (2) children of the marriage: Ian Michell and Anita Michell shall have the right to enter into and occupy the dwelling house (Matrimonial Home) with immediate effect.

(3) That the Land Leasehold Title 11/OH24/040 be registered in the name of the Petitioner, Mrs. Hellen Michell and be held in trust for the 2 children of the marriage.

B. The Nakamal Business

(1) That the Nakamal business being operated on the Land Title 11/OH24/040 at Ohlen Area, Port-Vila, Efate, is part of the dwelling house (Matrimonial Home); and

(2) That the Nakamal business be now controlled and managed by the Petitioner.

(3) That the proceeds of the Kava Nakamal until the judgment be shared between the Petitioner and the Respondent: 1/3 and 2/3 respectively.

C. Service Buses

(1) That the Respondent will have the control and management of the three (3) buses Registration No.s8885, 3636 and 4296.

(2) That the buses Registration Nos.8885, 3636 and 4296 be registered in the sole name of the Respondent.

D. Household items

(1) That the Petitioner will keep for her own use her personal items as identified in her affidavit (Exhibit P4).

(2) That other property items be shared equally between the Petitioner and Respondent.

IV. STAY AND INTERIM ORDERS

(1) That Order I, II, III be stayed pending the final Decree Nisi to dissolve the marriage between the Petitioner and the Respondent which is to be issued on 26 August 2001.

(2) That pending the issuance of a Decree Nisi absolute, the Interim Orders issued on 31 May 2001 will still operate until 26 August 2001.

DATED at PORT-VILA, this 11^th DAY of JULY, 2001

BY THE COURT

LUNABEK Vincent

Chief Justice