Burns SR. v Burns (Nee Mackey)

CourtSupreme Court (Bahamas)
JudgeFraser, J:
Judgment Date22 February 2016
Date22 February 2016
Docket Number2011/FAM/div/0599

Supreme Court

Fraser, J.


Burns SR.
Burns (Nee Mackey)

Mr. Donnavon Gibson for the plaintiff

Mrs. Lillith Smith-Mackey for the respondent

Family Law - Husband and wife — Divorce — Interim orders granted in relation to custody, access and property settlement.

Fraser, J:

This is a summons by the respondent to vary the order filed on the 7th February 2014 and the 10th April, 2014. The summons is supported by the affidavit of the respondent filed on the 16th December, 2014.


The first issue relates to the care and custody of the male child with specified access to the petitioner


The respondent has claimed in her affidavit that the petitioner made an undertaking to the Court that the male child would be allowed to attend school in the United States commencing September 2014. In other words, the respondent claims that she and the petitioner had agreed that RB attend school in the USA for the last two years of high school because as an American citizen, he would have the opportunity to a have free college tuition.


The petitioner then decided he did not wish to allow RB to attend school in the USA as agreed. At the hearing of this matter, the petitioner advised the Court that his objection was related to the living arrangement which had been made in relation to RB. He was not satisfied that the same were suitable.


The Court at that hearing ordered a Social Inquiry Report in which case Social Services would liaise with their counterpart in Florida.


The petitioner was to also return RB Bahamian passport to the respondent.


At the hearing on November 4th 2015, the respondent agreed for RB to remain in school in The Bahamas until he completed high school.


There is no need to proceed at this time to request the Social Inquiry Report regarding the accommodations for RB outside the Bahamas.


The second issue related to the maintenance of the second child of the marriage referred to as MB.


The respondent is requesting the petitioner to contribute three hundred dollars ($300.00) per month towards the maintenance of MB until she completes tertiary education.


The respondent is also requesting that the petitioner contribute the sum of six hundred dollars (h600.00) each August and December to assist with back to school expenses and clothing for the two children.


This would mean that the petitioner would be required to contribute nine hundred dollars ($900.00) for the months of August and December.


Presently, -R13 resides with the petitioner and MB resides with the respondent. The Order of former Chief Justice Sir Michael Barnett on April 10th 2014, ordered that each parent be responsible for the maintenance of the child in his or her...

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