AUNT WINS CUSTODY OF BOY

A HIGH Court judge yesterday ruled that an 11 year old boy, Shawn Supersad, should continue to live with his 55-year-old aunt, Monica Hamilton, who has cared for him from infancy and not with his natural parents. 

The decision was the culmination of a three-month custody battle in which the aunt sued the parents, Sherry Ann and Deoraj Supersad, for their child. Justice Peter Jamadar, presiding in the San Fernando High Court, ruled that the parents be allowed only temporary access to Shawn. They will be able to see him every Saturday for three hours. Justice Jamadar ordered that Hamilton be given care and control of Shawn with whom he has lived since he was a few months old. This arrangement will continue until Shawn is 18 years old. The Supersads resisted Hamil-ton’s application for custody of Shawn and in affidavits filed in court, explained how their son ended up living with Hamilton. The Supersads and Hamilton live a few houses apart at Daloo Road, Gasparillo.

Sherry Ann, 28, stated that they are the parents of two boys, Shawn, 11 and Vishnu, 12. In 1993, both boys fell ill and were warded at the San Fernando General Hospital. Shawn was discharged, but elder brother Vishnu remained at the hospital for a while. Sherry Ann contended that she asked her niece, Nazeema Hamilton to take care of Shawn so she could devote more attention to the ailing Vishnu. Nazeema is Hamilton’s daughter-in-law and they lived in the same house. Sherry-Ann stated that ten days after Shawn began staying with Nazeema, Nazeema began begging her to leave the boy at the house in her care. Sherry Ann said she refused and according to her  affidavit, Nazeema filed an application in the San Fernando Magistrates’ Court for custody of Shawn. The court proceedings showed that Nazeema did not appear and the custody application was dismissed.

Nazeema left the country and Shawn went back to his mother’s home. But Sherry Ann, in her affidavit, stated that Monica Hamilton also began begging her to have Shawn live with her. Sherry-Ann said she obliged because she wanted to devote more time to Vishnu. Sherry Ann stated that although Shawn stayed with Hamilton, she would visit him regularly. “I never wanted to separate him from the rest us and particularly, his brother Vishnu,” Sherry Ann stated. She added that all was running smoothly with Shawn’s stay at the Hamilton’s house and she and her husband expected him to return to live with them on December 31, 2002. “However, we received a summons from the High Court and me and my husband (Deoraj Supersad) are shocked at the numerous lies contained,” Sherry Ann stated.

Hamilton contended in her application for custody of Shawn that Sherry-Ann is her brother’s daughter. She stated that she took care of the boy because he was ill and malnourished. Hamilton said in her application that she took care of the child until he was four and a half years old. Alleging that the mother hardly visited the child, Hamilton stated that she had Shawn enrolled at the Gasparillo Government primary school. Hamilton sought an order asking the court to restrain the Supersads from removing Shawn from her custody. The trial began before Justice Jamadar at which attorney Helen Lochan represented Hamilton and Indrani Mootoo-Persad appeared for the Supersads.

At the end of the trial hearing, the judge summoned Shawn to the court and questioned him in camera. Justice Jamadar ordered that the custody of Shawn be vested in Hamilton and the parents jointly, but that Hamilton continue to take care and exercise control over Shawn until he reaches the age of majority (18 years). The parents, it was ordered, would have access to Shawn every Saturday from 3 pm to 6 pm.