20 August

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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...

20 August

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CHILD LABOUR

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in Laws of Trinidad and Tobago

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...

20 August

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THE HARSH REALITY OF CHILD ABUSE

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in Laws of Trinidad and Tobago

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...

18 August

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ADULTERY

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in Media, Newspaper Articles

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...

17 August

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SUMMARY OFFENCES ACT

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in Laws of Trinidad and Tobago

https://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/11.02.pdf...

17 August

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LIBEL AND DEFAMATION ACT

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in Laws of Trinidad and Tobago

https://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/11.16.pdf...

14 August

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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

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in Laws of Trinidad and Tobago

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...

14 August

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STEPS TO GETTING A DIVORCE IN TRINIDAD AND TOBAGO

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in Laws of Trinidad and Tobago

Here are the Steps to getting a Divorce in Trinidad and Tobago The law under the Matrimonial Proceedings and Property Act Chap 45:51. Section 5 (1) - a divorce petition cannot be presented until one year of marriage has passed, unless there are extreme circumstances. Section 3 - the marriage must be at a stage where reconciliation is impossible. Section 4(1) - The person initiating the divorce must prove: (a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent; (b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected...

14 August

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WAYS TO END A MARRIAGE IN TRINIDAD AND TOBAGO

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in Laws of Trinidad and Tobago

There is no law that forces you to end your marriage in a certain way. You can end as partners or as adversaries, fighting in court or agreeing in court, breaking the bank or limiting your emotional and financial damage. And at any time, you can change your mind. Dissolution is cooperative. It is the legal way of agreeing on all issues and moving on. It is completely private and in your control, but for the final judgment which is part of the public court record. Procedure: First, a written separation agreement outlining mutual understanding on property, support, and parenting responsibilities. Second,...

12 August

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Wilson v. Medical Associates Ltd. and Dunn JM 2009 SC 59

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in MEDICAL COMPLAINTS COUNCIL CASES

Name of Case: Wilson v. Medical Associates Ltd. and Dunn JM 2009 SC 59 Type of Medical negligence: mental disability of minor Date of Judgment: June 18, 2009 Judge Presiding: King J Country: Jamaica Case Summary The claimant, Stephen Wilson, then five years old, underwent surgery at the Medical Associates Hospital which was operated by the first defendant. The second defendant, Dr. Brendan Dunn, was the anesthetist in attendance at the surgery. On completion of the surgical operation which was a circumcision, the claimant went into cardiac arrest resulting in severe brain damage. At the date of the trial Stephen was twenty-four years old and there has been no...

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