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September 2 2008

START DATE

END DATE

March 17 2009

W v M

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

FAMILY LAW CHILDREN LAW

KAWALEY J

Jacqueline MacLellan (MacLellan & Associates) for the Applicant

Georgia Marshall (Marshall Diel & Myers) for the Respondent

FACTS OF THE CASE:

Mother applied for joint custody care and control of their son M.M. and related financial relief under Minors Act 1950 and Children Act 1998. Father agreed to joint custody but sought joint care and control as well. Dispute over the scope of father?s maintenance obligations

SUMMARY:

Whether the court had jurisdiction to grant certain financial reliefs under the Children Act appropriate amount of child maintenance and the scope of father?s maintenance obligations

OUTCOMES:

Joint custody awarded to both parents care and control to mother financial maintenance to be paid by father. The court does not possess jurisdiction to make orders for lump sum payments not directly related to maintenance

RULED IN FAVOUR OF:

Plaintiff/Claimant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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W v M

Mother applied for joint custody care and control of their son M.M. and related financial relief under Minors Act 1950 and Children Act 1998. Father agreed to joint custody but sought joint care and control as well. Dispute over the scope of father?s maintenance obligations

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