4/20/2023
START DATE
END DATE
4/21/2023
R v O
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
DIVORCE JURISDICTION
Hon. Alexandra Wheatley Acting Justice
Petitioner In Person with Mormay Piper as a MacKenzie Friend
Aura Cassidy of Wakefield Quin
FACTS OF THE CASE:
Father filed for divorce and to prevent child from leaving Bermuda. Mother contested jurisdiction claiming Canada as the appropriate forum due to their habitual residence and ongoing proceedings there. Father argued Bermuda's jurisdiction citing the child's and parties' presence in Bermuda and the need for local adjudication of welfare and custody.
SUMMARY:
Jurisdiction habitual residence and appropriateness of forum for divorce and custody dispute.
OUTCOMES:
Bermuda court is the most appropriate jurisdiction to proceed with the matters relating to the welfare of the child A.
RULED IN FAVOUR OF:
Father
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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R v O
Father filed for divorce and to prevent child from leaving Bermuda. Mother contested jurisdiction claiming Canada as the appropriate forum due to their habitual residence and ongoing proceedings there. Father argued Bermuda's jurisdiction citing the child's and parties' presence in Bermuda and the need for local adjudication of welfare and custody.