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11/4/2014

START DATE

END DATE

6/26/2015

Tanya McElroy v. Montgomery Nearon

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

Family Law Maintenance Orders Reciprocal Enforcement

IAN R.C. KAWALEY CJ

Jai Pachai (Wakefield Quin Limited)

Respondent in Person

FACTS OF THE CASE:

McElroy appealed against a decision to vary maintenance payment orders registered from Maryland Court to Bermuda. Nearon sought variation due to changed circumstances. Bermuda court initially varied the order but was challenged for jurisdiction.

SUMMARY:

Jurisdiction to vary foreign maintenance orders under Bermuda law and the impact of financial circumstances on maintenance payments.

OUTCOMES:

Order set aside in part; matter remitted back to Family Court for lawful handling.

RULED IN FAVOUR OF:

Plaintiff/Claimant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Tanya McElroy v. Montgomery Nearon

McElroy appealed against a decision to vary maintenance payment orders registered from Maryland Court to Bermuda. Nearon sought variation due to changed circumstances. Bermuda court initially varied the order but was challenged for jurisdiction.

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