October 30 2012
START DATE
END DATE
November 9 2012
In the matter of the Children Act 1998 and in the matter of Case No 10FS0199 (RE C: A CHILD)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
FAMILY LAW
IAN RC KAWALEY CJ
Victoria Pearman (Juris Law Chambers)
Larry Mussenden (Mussenden Subair Ltd)
FACTS OF THE CASE:
The respondent claimed to be the father of 'C' and sought a paternity declaration. The Family Court initially granted leave for blood tests to determine paternity but it was contested whether the court had the jurisdiction to compel blood tests.
SUMMARY:
Whether the Family Court had jurisdiction to compel blood tests for paternity determination and whether the Supreme Court exclusively had jurisdiction for paternity declarations
OUTCOMES:
The appeal was allowed on the grounds that the Family Court did not have the jurisdiction to order blood tests for paternity determination and that such applications fall under the exclusive jurisdiction of the Supreme Court.
RULED IN FAVOUR OF:
In Favour Of Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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In the matter of the Children Act 1998 and in the matter of Case No 10FS0199 (RE C: A CHILD)
The respondent claimed to be the father of 'C' and sought a paternity declaration. The Family Court initially granted leave for blood tests to determine paternity but it was contested whether the court had the jurisdiction to compel blood tests.