8-Jul-11
START DATE
END DATE
22-Jul-11
S v S (Access to Child Abroad - Jurisdiction)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
FAMILY LAW
Kawaley J
Mr. Adam Richards (Marshall Diel & Myers)
The Respondent was unrepresented
FACTS OF THE CASE:
The Appellant (Mother), residing in the UK with her 10-year-old child, challenged a Family Court ruling that continued to recognize Bermuda's jurisdiction over access matters. The child was born in Bermuda in 2000, but had lived abroad with the Mother since 2007. The Father sought an order requiring the Mother to pay 50% of access-related travel costs, arguing that Bermuda courts retained jurisdiction. The Family Court ruled in his favor, citing the original custody order issued in 2001. The Supreme Court had to decide if Bermuda retained jurisdiction despite the child's habitual residence abroad.
SUMMARY:
(1) Did Bermuda retain jurisdiction over the child?s access and custody despite relocation? (2) Did the 2001 custody order remain enforceable in Bermuda? (3) Was the Family Court?s decision legally sound?
OUTCOMES:
Jurisdiction ruling quashed; Bermuda courts no longer have jurisdiction.
RULED IN FAVOUR OF:
S (Mother) (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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S v S (Access to Child Abroad - Jurisdiction)
The Appellant (Mother), residing in the UK with her 10-year-old child, challenged a Family Court ruling that continued to recognize Bermuda's jurisdiction over access matters. The child was born in Bermuda in 2000, but had lived abroad with the Mother since 2007. The Father sought an order requiring the Mother to pay 50% of access-related travel costs, arguing that Bermuda courts retained jurisdiction. The Family Court ruled in his favor, citing the original custody order issued in 2001. The Supreme Court had to decide if Bermuda retained jurisdiction despite the child's habitual residence abroad.