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Martin George & Company > Articles posted by site_admin (Page 90)

Abdulla v Abdulla TT [2011] HC 173

Case Name: Abdulla v Abdulla TT [2011] HC 173  Judge: Ramkerrysingh, J. Country: Trinidad and Tobago Subject: Family law Facts The unique feature of this case is that the main capital assets which comprise (1) the former matrimonial home situate at 60 Western Circle Westmoorings, (2) the Husband's company Printables, and indeed virtually the family's entire lifestyle and business investments over the years have largely been provided by a third-party benefactor (that is, the wife’s stepfather) who,  throughout the marriage provided the financial security and stability for this family over and above either of the parties themselves. The step-father’s involvement can only be accredited to...

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Asiodu v. Asiodu TT[ 2011] HC 342

Case Name: Asiodu v. Asiodu TT[ 2011] HC 342  Judge: Lambert Peterson, J.  Country:Trinidad and Tobago Subject: Family law Facts By Application relating to Children, the petitioner sought custody, care and control of the children of the family Xavier born on the 6th November, 1996, Gabrielle born on the 25th September, 2000 and Ysabel born on the 7th July, 2003. The petitioner asked that the respondent whether by himself, his servants and/or agents be restrained from removing the children of the family from the petitioner's care and control and from the jurisdiction of Trinidad and Tobago; and that the respondent pay to the petitioner periodical...

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BROWNE-SCANTLEBURY v. SCANTLEBURY

BROWNE-SCANTLEBURY v. SCANTLEBURY Citation # TT 2011 HC 232 Country Trinidad and Tobago Court High Court Judge Myers, J. (Ag.) Subject Family law Date this 27th day of July 2011 Suit No. 1163 of 1998 Subsubject Child – Access – Whether father’s access to child, now 16, should be supervised. Full Text Appearances: Ms Kathy Gonzales for the petitioner Mr. Gregory Delzin for the respondentMYESR, J.(Ag.): 1. INTRODUCTION 1.1 Should the respondent be granted supervised or unrestricted access to his daughter, Kathy-Ann Scantlebury. 1.2 The petitioner and respondent were married on 25 September 1994. They had one child, Kathy-Ann Scantlebury ("Miss Scantlebury"). She was born on 20 March 1995. On 19 June 1996, the petitioner left the respondent's home. She never again cohabited...

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HILTON SANDY ORDERED TO VACATE MATRIMONIAL HOME

In a further twist to the domestic violence proceedings brought by his wife two weeks ago, former Deputy Chief Secretary of the Tobago House of Assembly Hilton Sandy has now been ordered to vacate the matrimonial home. In an Emergency Injunction obtained by his wife's Attorneys, Martin George & CO, in the Port of Spain High Court last Friday, Mr. Sandy, who  serves as an Assemblyman in the THA, has been served with an Injunction Order compelling him to completely vacate and move out of the matrimonial home within five hours of being served. He is further restrained from coming within 500...

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CHILD LABOUR

Millions of children around the world are trapped in child labour, depriving them of their childhood, their health and education, and condemning them to a life of poverty and want. Of course, there is work that children do to help their families in ways that are neither harmful nor exploitative. But many children are stuck in unacceptable work for children – a serious violation of their rights. Recent global estimates based on data of UNICEF, the ILO and the World Bank indicate that 168 million children aged 5 to 17 are engaged in child labour. Some 120 million among them are...

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THE HARSH REALITY OF CHILD ABUSE

The harsh reality of child abuse Child abuse violates the most basic rights of children and adolescents. As documented in the main article of this issue of Challenges, child abuse is a massive, daily and underreported problem that affects the population of Latin America and the Caribbean. It manifests itself in different forms, including physical and psychological aggression, rape and sexual abuse, and takes place in the home, in neighbourhoods, at school, at work and in legal and child protection institutions. Abuse tends to be transmitted from one generation to the next, and the individuals most often responsible are parents...

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ADULTERY

Adultery is the voluntary or consensual sexual intercourse between a married person (the husband or wife) and a person (a third party whether married or unmarried) of the opposite sex, not being the other’s spouse. It should be noted that homosexual intercourse or other forms of sexual activity not involving sexual intercourse do not constitute adultery; Dennis v Dennis [1955] P 153. Some territories require that divorce petitions relying on the fact of adultery make the alleged adulterer the co-respondent, while some territories at the discretion of the court can make the adulterer pay whole or part of the proceedings. The standard...

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Wives win equality Miller v Miller McFarlane v McFarlane House of Lords (England) (2005) EWCA Civ 984 (2004) EWCA Civ 872

The House of Lords is the English counterpart to the Privy Council. It is by and large made up of the same judges and so its decisions are generally followed in T&T in those cases where the legal principles and statutes are the same. Recently, the Lords turned their attention to the entitlements of homemaker/wife on a divorce and in a judgment that the London Times referred to as the most important divorce judgment in 20 years, shifted the goal posts substantially in her favour. The principles that they laid down were as follows: 1. The division of property following a divorce...

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