Read the full judgment text of FCMC 7831/2008 on BabelCite. This Family Court judgment was delivered on 19 January 2010 before Her Honour Judge Sharon D Melloy.
Family law – custody – care and control – access – leave to remove jurisdiction – best interests of the child – high conflict – joint custody – Matrimonial Proceedings and Property Ordinance – Guardianship of Minors Ordinance – sole custody to mother – defined access – no costs – District Court – Matrimonial Causes – FCMC 7831 / 2008 – BL (Petitioner) – SJY (Respondent) – Her Honour Judge Sharon D Melloy – 19 January 2010 – Child S born August 2007 – Parents unable to relate rationally – High level of conflict – Social welfare officer recommended custody to mother – Child settled with mother and parents – Father seeking joint custody – Court found sole custody to mother appropriate – Access orders made including staying access – Leave to remove granted for CNY only – No general leave – No order as to costs – Decree nisi granted 31 July 2009 – Interim orders made 22 November 2008 – Trial 17 and 18 November 2009 – Judgment 19 January 2010 – Child's welfare paramount consideration – Checklist from Law Reform Commission applied – Research evidence on shared parenting considered – Parental cooperation absent in litigated cases – Quality of relationships important not quantity of contact – Child needs security routine and structure – Change of caring hand would require immediate adjustment – Father's caring ability yet to be tested – Mother has strong social support – Access clearly defined to minimize conflict – Third party handover suggested – Telephone access during travel – Progress report in 9 months – No costs order due to nature of dispute
Legal issues: Custody and care and control · Access arrangements · Leave to remove from jurisdiction
Outcome: Sole custody and care and control of the child S vested in the mother; access orders made; leave to remove for CNY granted; no order as to costs.
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