Read the full judgment text of FCMC 11746/2016 on BabelCite. This Family Court judgment was delivered on 13 October 2017 before Her Honour Judge Sharon D. Melloy.
Matrimonial causes – Recusal of judge – Apparent bias – Fair-minded and informed observer test – Costs – Maintenance pending suit – Application dismissed. The Respondent wife applied for the recusal of the District Judge, alleging bias and unreasonable conduct regarding the management of the maintenance pending suit hearing and child care arrangements. The Court applied the test of whether a fair-minded and informed observer would conclude there was a real possibility of bias. The Court found the allegations baseless, noting that the hearing was adjourned sine die with liberty to restore and that judicial encouragement of practical solutions does not constitute bias. The application was dismissed with costs against the Respondent.
Legal issues: Recusal of Judge
Outcome: Application for recusal dismissed.
Cites 2 cases