21-Sep-09
START DATE
END DATE
15-Oct-09
r J v J (Custody, Care, and Control of Children)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda J (Petitioner Father)
DIVORCE JURISDICTION
Hon. Chief Justice Kawaley
Ms. Margaret Burgess-Howie (Wakefield Quin)
Mrs. Georgia Marshall (Marshall Diel & Myers)
FACTS OF THE CASE:
The Father petitioned for divorce in 2005 and sought joint custody of two children, S and A. The Mother contested the petition but later agreed to divorce, requesting sole custody. The Court initially granted the Mother sole custody. In 2008, the Father applied to vary the order, seeking joint custody and equal care and control. The Court reviewed the Social Inquiry Report (SIR) and cross-examined both parents and the social worker before issuing its ruling.
SUMMARY:
(1) Should joint custody be granted despite prior sole custody order? (2) Was the existing care arrangement adequate? (3) Should the Father have increased parenting time?
OUTCOMES:
Father obtained joint custody but not joint care and control; access arrangements adjusted; travel restrictions lifted.
RULED IN FAVOUR OF:
Split decision ? Partial victory for both parents.
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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r J v J (Custody, Care, and Control of Children)
The Father petitioned for divorce in 2005 and sought joint custody of two children, S and A. The Mother contested the petition but later agreed to divorce, requesting sole custody. The Court initially granted the Mother sole custody. In 2008, the Father applied to vary the order, seeking joint custody and equal care and control. The Court reviewed the Social Inquiry Report (SIR) and cross-examined both parents and the social worker before issuing its ruling.