February 9 2010
START DATE
END DATE
February 12 2010
Department of Child and Family Services v. The Family Court
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Kawaley J
Leighton Rochester Miriam Rogers Wendy Greenidge
Venous Memari
FACTS OF THE CASE:
In June 2008 non-Bermudian Interested Parties adopted a child in Cambodia and sought to legalize the adoption in Bermuda. The Department of Child and Family Services was ordered by the Family Court to complete a Guardian Ad Litem report by certain deadlines which it failed to do leading to judicial review.
SUMMARY:
Whether the Family Court's deadlines for report submission were legally justified and the Department's compliance
OUTCOMES:
Application for certiorari to quash the Family Court's decision was dismissed highlighting issues with report preparation deadlines and procedural fairness
RULED IN FAVOUR OF:
In Favour Of Defendant (The Family Court)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Department of Child and Family Services v. The Family Court
In June 2008 non-Bermudian Interested Parties adopted a child in Cambodia and sought to legalize the adoption in Bermuda. The Department of Child and Family Services was ordered by the Family Court to complete a Guardian Ad Litem report by certain deadlines which it failed to do leading to judicial review.