Ramsay-Hale J
1 IN CHAMBERS
2 THE GRAND COURT OF THE CAYMAN ISLANDS
3
4 CAUSE NO.: 190
5
6 BETWEEN:
7
8 AND:
9
10 CORAM: RAM
11
12 Appearances:
13 Ms. Della Campbell
14 Mrs. Sheridan Brooks
15
30/3/06
IRENE COX PLAINTIFF/
ALFRED COX DEFENDANT
SAY-HALE J.
Appellant of Della Campbell & Associates for the Respondent looks of Brooks & Brooks for the Applicant
RESPONDENT
/APPLICANT
16 Dates of hearing:
17
18
19 This Court having
20 application for int.
21 were in fact sought,
22 To seek the remedy
23 seems draconian,
by a restriction of
24
live more than 100
25
16th March 2006
RULING
decided the issue of jurisdiction, Counsel for the
prim access. Counsel submitted that the later Orders of
and made with the intent of restoring to the father his
at and made with the intent of restoring to the father his
tity of the peremptory return of a child in order to protect
especially when the parties did not intend that access be restricted. The final divorce decree anticipated that
miles apart, as they do now, and provided for alternate
residence. The final divorce decree anticipated that
father made an
the Texas Court
rights of access.
rights of access
rights be protected
the parties may
terms of access
26 for father.
27
28 The mother's deci-
29 have breached the
30 act of relocation d.
31
1 Indeed, the evidence
2 sending the child
3 return the child to
4 residence to Ham
5 abandon her home
6 establish, or relinq
7
8 Iadont without it.
The shows that the mother tried to honour the agree-
ment for access,
to the United States on two separate occasions. She
Texas after the Court varied the original order to re-
is County, which Order would have essentially requ-
ired her to either
with the child in the Cayman Islands, which she
tion of the child.
making any finding on the point, the observation of the
ment for access,
only refused to
strict the child's
red her to either
was entitled to
e Court in my H.
9 (Abduction Accep-
10 country which the
11 parent could exer-
12
13 Had the father ap-
14 Court would have
15 crucial importance
16 the overriding con-
17
ssess Rights).1 that "To oblige a child and custodial par-
may have left for very good reason, merely so that
tise his right of access, could indeed be intolerable for
considered the order for access made by the Texas
and a factor to be given the greatest possible weight
sideration of the welfare of the child.
ent to return to a
non-custodial
he child."
those rights, this
Court to be of
consistent with
18 It seems to me that
19 his best interests
in my view, an un-
20
the mother bears
21
22 relationship that t
23 States.
(1997) 3 WLR 1086
it is in the interest of the child to have contact with
stay with him in Texas and maintain his American
parent need to restore the relationship between the fat-
a great deal of responsibility in achieving the re-
father enjoyed with his son prior to his removal.
Fam Div:
his father and in
heritage. There is,
er and child and
storation of the
from the United
1
This Court would
3 month in Texas as
4 for access, if it w
5 for the existence
6 Texas, so that the
7 necessarily involv
have been prepared to order that the father have one
extended access during school holidays as per the or
are not too taxing on the child, or such other access as
of the Court orders restricting the child to Texas. Sen-
family can exercise his rights of access, would in the
be satisfied that any immediate change in the state
long week-end a
original agreement
were agreed, but
during the child to
settlements
after orders of the
are would be
9 iminical to the chil
10
In the interim, I o
12 until the report o
access can be dete
13
14
I order that the fat-
15
the concern I have
16
the United States.
d's welfare.
consider that the child remain in the care, custody and con-
under that the father's circumstances is ready and the issues
mined on the merits.
expressed above, I order that he exercise that access.
for two weeks during the Easter holida
18
y, but in light of
here and not in
19 If the parties con-
20 arrangements for a
21
22
23
24
25 30th March 2006
26
agree to maintain the status quo, and make minor access, then the matter can be settled and final orders may
finally satisfactory
ade.