POHNPEI LAW REPORTS
VOL. 3

[3 PN.L.R. 115]
 
IN THE MATTER OF THE
MARRIAGE BETWEEN MOLINA PAUL

and

PETERSON EDWARD,
Petitioners

Pohnpei Civil Action No. 93-88

Trial Division of the Pohnpei Supreme Court

May 23, 1988

     Joint petition by spouses for a decree of dissolution of marriage. Though there existed grounds for divorce there was no request for division of property or child support or alimony. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that in a matrimonial cause, such as this one, the welfare of the children was of paramount importance, and that although the parties sought no court order relating to child support, the Court on behalf of the State, must exercise a special interest in the welfare of the children of the marriage.

1.   Domestic Relations - Child Custody and Support
In a matrimonial cause where the husband and wife seek dissolution of their marriage the welfare of the children of the marriage is of paramount importance.

2.   Domestic Relations - Divorce - Child Custody and Support
In a matrimonial cause where husband and wife seek dissolution of their marriage but seek no court order relating to child support, the Court, on behalf of the State, must exercise a special interest in the welfare of the children of the marriage.

3.   Domestic Relations - Divorce - Welfare of Children - Custom
According to Pohnpeian custom where a marriage between the husband and wife having children of the marriage has been dissolved, the parents and child relationship and the joint and individual obligations of the parties to the children of the marriage

[3 PN.L.R. 116]

continue to exist as before.
 
Counsel for Petitioners:       Micronesian Legal Services Corporation

EDWEL H. SANTOS, Chief Justice,  

DECREE OF DISSOLUTION OF MARRIAGE
     This matter came on for determination upon the joint petition under oath signed and filed with this Court by Molina Paul and Peterson Edward on July 31, 1984.

     The Court examined the petition which is the only pleading filed in the case and found that grounds for divorce do in fact exist. The Court notes that two children (a) Lorina Edward and (b) Derumy Edward (both girls) of the parties have also been resolved to be placed in the custody of Molina Paul, and that Peterson Edward be granted unlimited visiting rights. No division of property nor child support or alimony is requested.

[1-2] In a matrimonial cause, such as this one, the welfare of the children is of paramount importance. Although the parties seek no Court order relating to child support, the Court, on behalf of the State, must exercise a special interest in the welfare of the children

[3 PN.L.R. 117]

of the marriage. Accordingly, it is ORDERED, ADJUDGED and DECREED:

      1.   The bonds of marriage heretofore existing between the parties are hereby dissolved.

     2.   That Molina Paul is awarded custody of the two children of the parties, and Peterson Edward shall enjoy unlimited visiting rights to visit the children at any appropriate time upon notice to Molina Paul or her designated representative, and may, upon consultation with the custodian of the said children, take the same to Peterson Edward's home or family for customary or otherwise social purposes.

[3] 3.   The parents and child relationship and obligations between the parties jointly and individually to the children of the marriage continue as heretofore existing in accordance with Pohnpeian custom.
                                                                                                                                                                                                                                                                                                           
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