Tuvalu Island Courts Bench Book - Federal Court of Australia

If you are not satisfied that adequate arrangements have been or will be made for the welfare of
the children, you should normally refuse to grant a divorce or defer the grant: s12(2)
Matrimonial Proceedings Act (Cap 21).
To assess whether adequate arrangements have been or will be made for the children, you should
be given evidence of:
• the children’s present situation;
• what new arrangements are proposed; and
• the feelings of the children as to custody, particularly if they are older.
Any orders that you make concerning the custody of children:
• shall not be inconsistent with any other law or any applicable Tuvaluan custom, and
• may include orders relating to:
custody, guardianship and access to the children by one or both parties to the
marriage;
property rights which affect any children; and
maintenance of any children: s12(4) Matrimonial Proceedings Act (Cap 21).
4.2 The Custody of Children Act (Cap 20)
This Act provides that any person may seek an order concerning:
• the custody of any child; and
• the right of access to the child of his mother and father: s3 Custody of Children Act (Cap
20).
An application can be made by “any person.” This will usually be a father, or mother,
grandparent, uncle or aunt, brother, or sister.
4.3 Considerations
Before making a custody order the Court shall:
• make a full enquiry into all the circumstances surrounding the case; and
• call for any evidence or report it may consider necessary in the interests of justice.
In deciding the application, the Court must assess what is in the best interests of the child, both
now and in the future: s3(1)(a) Custody of Children Act (Cap 20). This is the most important
consideration for the Court: s3(3) Custody of Children Act (Cap 20).
Tuvalu Island Courts Bench Book June 2004