9/14/2017
START DATE
END DATE
14-Sep-17
RE C (ENFORCEMENT OF CHILD MAINTENANCE ORDERS)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Family Law
IAN RC KAWALEY CJ
Adam Richards (Marshall Diel & Myers Limited)
Respondent appeared in person
FACTS OF THE CASE:
Appellant appeals two orders from Family Court for enforcement of child maintenance by imprisonment for default of payment without adequate enquiry into means or consideration of other sanctions. Appeals relate to orders dated 24th March 2017 and 7th July 2017
SUMMARY:
Whether enforcement orders were made in accordance with Children Act 1998 section 36.1L specifically the adequacy of enquiry into appellant's means and the imposition of imprisonment without determining wilful refusal to pay
OUTCOMES:
Orders set aside matters remitted to Family Court for rehearing
RULED IN FAVOUR OF:
Appellant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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RE C (ENFORCEMENT OF CHILD MAINTENANCE ORDERS)
Appellant appeals two orders from Family Court for enforcement of child maintenance by imprisonment for default of payment without adequate enquiry into means or consideration of other sanctions. Appeals relate to orders dated 24th March 2017 and 7th July 2017