Kellock J
IN THE GRAND COURT OF THE CAYMAN ISLANDS
CAUSE NO: D 103/90
BETWEEN: JEWEL ARDITH MAE MCLAUGHLIN
PETITIONER
AND: RAY STEVEN MCLAUGHLIN
RESPONDENT
REASONS
There is no dispute that the respondent has failed to pay any (I repeat any) maintenance to the petitioner for Zachary from the date of Mr. Justice Schofield's original order in this case which was made February 5 1992.
Zachary has resided with the petitioner, his mother, throughout and it is reasonable to conclude that his mother has been virtually his sole means of support. While there is a dispute on the affidavit material as to whether the respondent has made a sustained effort to be part of his son's life, I note that the respondent's affidavit was sworn June 25 1999, the Friday before the return date for this application while the mother's affidavit in support was sworn on May 7 1999 and has been on the court file since May 10 1999.
I am frankly surprised that in light of the respondent's flagrant disregard of the court's orders of February 2 1992 and December 6 1994 that the petitioner is willing to continue to allow him access.
That is no doubt because the paramount concern is Zachary's welfare. In any event should the respondent in future seek any relief from this Court (and I have given him liberty to apply) I would expect that the Court will wish to see solid evidence that he has
(a) purged his contempt in respect of the maintenance order and
(b) either exercised his right to access or is able to provide the Court with detailed and corroborated reasons for not so doing.
B.H. Kellock J.
Judge of the Grand Court
28.6.99
MINUTE OF ORDER
CAUSE NO: D 103/90
BETWEEN : JEWEL A. McLAUGHLIN
PETITIONER
AND: RAY STEVEN McLAUGHLIN
RESPONDENT
DATE__ ACTION__ REMARKS
28.6.99
Summons by petitioner Jewel Ardith McLaughlin.
The petitioner seeks to vary paragraph 1 of the order of February 5 1992 so as to provide that the petitioner shall have sole custody of the child of the marriage, Zachary Steven McLaughlin so that, as Varied, the respondent will continue to have the right to reasonable access.
(1) For the reasons that follow it is ordered that paragraph 1 of the order of February 5 1992 be so varied and
(2) The respondent shall have liberty to apply.
(3) The costs of this summons are hereby fixed at $100.00 and are to be paid by the respondent to the petitioner forthwith.
Counsel Karen Thompson for applicant (petitioner)
Zena Merren for respondent.
Judge