Part II, Maintenance. Duty of Maintenance.
Section 4: "A person under an obligation, by virtue of the Civil Code or otherwise, to maintain a
child must ensure that the child is_
a) given adequate nutritious food;
b) adequately clothed;
c) provided with housing which protects him against bad weather and includes adequate sleeping
facilities;
d) protected to the best of that person's ability against illness;
e) not neglected or exposed to danger, in the home or elsewhere, in a manner likely to cause the
child unnecessary suffering or injury to health; and
f) if he is under 12 years of age, not regularly or for excessively long periods left in the charge of
another child under 12 years of age".
Section 6.1: "The father and the mother of a child must each maintain the child in terms of section
4, regardless of whether he or she has custody of the child; and whether he or she is resident in or
outside Seychelles".
Section 6.3 "[…] a parent who fails to maintain his child in terms of section 4, […]or who fails
to pay the prescribed maintenance; or who fails to comply with a maintenance order or an
affiliation order, is guilty of an offence and is liable to imprisonment for 3 years and to a fine of
R20,000". (Amendment, Act 9 of 1999)
In accordance with Article 205 of the Civil Code, this Act in Section 7A.1
establishes that where a person who is under a legal duty to maintain his/her parents
and has the means to do so, fails, the Family Tribunal may order the person to pay
such sum in such manner as may be specified, for the maintenance of that parent.
The Subsection 2 includes as an exception to this duty the cases of parents who had
abandoned neglected or ill-treated that person in his or her childhood.
(Amendment, Act 9 of 1999)
Section 24.1: "Where a parent having custody of, or a custodian of, a child is unable to provide
proper care for the child; or the child is beyond his control and he so requests, the Director may
exercise supervision over the child while the child resides in his home".
"In this Act […]Director means the persons for the time being acting in the capacity of performing
the functions of head of the Division or Section responsible for children affairs in the Ministry or
Department responsible for it ".
Section 29.1: "The Director shall satisfy itself of the well-being of foster children whose care and
maintenance is undertaken by foster parents […]".