Watson Bailey, Keisha La-Georgia v Floriziel Al Bailey

Case Number: 
M 1029 OF 2007
Date of Delivery: 
11.01.2008

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN FAMILY DIVISION

CLAIM NO. M 1029 OF 2007

IN CHAMBERS

BETWEEN KEISHA LA-GEORGIA

WATSON BAILEY PETITIONER

A N.D .\, FLORIZIEL AL BAILEY RESPONDENT

No Representation (application considered on paper)

Divorce - Application for Decree Nisi - Application being considered on ci paper - Arrangements for children of the marriage not acceptable to

judge - Whether application for Decree Nisi not to be granted as a

result - Rule 76.12 (4) of the Civil Procedure Rules

Heard: llth~ anuarv20 08

BROOKS, J. I

The introduction in September 2006, of new matrimonial causes rules

as a part of the Civil Procedure Rules (CPR), has resulted in a number of

changes in the process of considering grants of decrees for the dissolution of

I- marriage. Significant teething pains have attended the changes.

One major change brought about by the new rules is that applications

for decrees nisi may now be considered on paper by a judge, without the

need for a hearing. The result is that there is, at the time of consideration, no

witness readily available to clarify or expand on the affidavit evidence.

Where in such applications, there are relevant children to be considered, rule

76. 12 (4) of the CPR requires the judge to issue a certificate approving the

arrangements existing for the care and upbringing of those children.

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