Read the full judgment text of FCMC 1936/2020 on BabelCite. This Family Court judgment was delivered on 27 October 2020 before Judge G. Own.
Matrimonial causes – Children – Custody – Interim Order – Leave to Appeal – Stay of Order – District Court Ordinance s.63A – Best Interests – Geography and School Attendance – Reasonable Prospect of Success – Costs. The Court considered an application by the Mother for leave to appeal a 2nd Interim Order regarding shared care and control of two children, and a stay of that order. The 2nd Interim Order was based on geographic location and resumption of physical school attendance rather than evidence which the Mother had no time to respond to. The Court held the Mother had no reasonable prospect of success as the grounds were fact-finding exercises or relied on evidence not considered by the Court. The stay application failed as it depended on the leave application. No order as to costs was made.
Legal issues: Leave to Appeal · Stay of Order · Costs
Outcome: Leave to appeal dismissed; Stay of operation dismissed; No order as to costs
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