Baby gifted to South Pacific island chief under customary law being returned to biological parents

A BABY "gifted" to a South Pacific island chief and his wife under customary law is being returned to her biological parents.

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A BABY who was "gifted" to a South Pacific island chief and his wife under customary law is being returned to her biological parents after they launched custody proceedings in Australia to get her back.

The Federal Circuit Court has upheld the "best interest" provisions in the Family Law Act over the well-known practice of the island's customary adoption, which is at the centre of a divorce battle.

Townsville-based Judge John Coker has sided with the parents after they tearfully professed their "shame" and "regret" over the traditional gifting of the girl five years ago to her uncle and aunt, who later broke up.

According to the judgment, gifting a child is a customary practice in the South Pacific island area and is done to assist child-less kinfolk or invest a successor.

Judge Coker said the parents had gifted their fifth-born to the brother of the biological father because of his respected status and a request from his mother to help the childless couple.

Under the Family Law Act, The Courier-Mail cannot identify the culture involved.

But Judge Coker agreed that "rarely has a marriage breakdown caused such distress . . . to a wide group".

In a clear sign of the rift within the tight-knit community, the maternal grandmother spoke out at the hearing, condemning the adoption of the baby when she was just four months old.

"I was angry . . . (children) are a blessing and their own responsibility from God," she said.

Under the court orders, the biological parents have been granted sole parental responsibility of the girl.

The orders also severely curtailed the "gifted" mother's access rights, citing the prospect of her visits to the wealthier household as a source of potential "jealousy" amongst her siblings.

"(In) the end the paramount considerations remain as it always must be, the welfare of the child," Judge Coker said.

"The description of family and its significance to the biological parents was obvious . . . they clearly saw shame reflected on them (and) the (marriage breakdown) brought to an end, at least from (their) perspective, the basis upon which the gifting . . . had occurred."