While a final decision was expected by judge Paul Lam Shang Leen, last Friday, this was not the case and the matter is still pending. Tipo will remain with his grand parents, Mahmood Carrim and Bibi Fazila Thoophany for the moment. As Marianne, who has been taking charge of the child since he was three months old, lives with them, Tipo will in fact remain with her until the Court’s final decision. On Friday, SPJ Bernard Sik Yuen should say whether Tipo should continue to live with Marianne or be entrusted to the Aurdally couple.

The couple has adopted the child under the system of plenary adoption which makes things even more difficult for the other party. Because plenary adoption is irrevocable and what Marianne’s lawyers are asking for is revocation. So the judge has suggested to Marianne’s lawyers, Jacques Panglose and Hervé Lassémillante, that they should change their motion. Instead of asking for a revocation, they should ask for a pure and simple cancellation. Marianne’s lawyers followed the judge’s advice and changed the motion yesterday and this will be debated next Friday.

The two parties have been fighting for legal custody of Tipo for several weeks now. After Mahmad and Ameenah Aurdally asked for his adoption and obtained it, Marianne Alfred ran away with Tipo but did come to the Court each time the judge fixed an appointment. She also lodged a complaint in which she states that she considers herself as Tipo’s “real mother”. The main problem is that her name is not mentioned in any of Tipo’s administrative papers.

<B>Contempt of court</B>

Last week, when she went to the Supreme Court, she apologised for having hidden from the Court because she couldn’t bring herself to give the child to the Aurdally couple, as ordered by the judge Bushan Domah. She pleads guilty but explains that her love and attachment for Tipo are the main reasons why she behaved in such a way. She also apologised for making negative comments on the administration of justice and the Supreme Court.

Although he has not made his decision yet, the judge nevertheless pointed out that Marianne had committed contempt of court. “A court order is an order. Whether it is good or bad, it is still an order.”

Moreover, he suggested both parties should make contact with the Ombusperson for children, Shirin Aumeeruddy-Cziffra, who would help to serve Tipo’s interests in the case, giving him a lawyer for instance. Because this should not be forgotten: the final judgment will have to be in the interest of the child above all else.