CILR Family Division

Ancillaries - disposition of matrimonial property

application for declaration of amount of maintenance arrears

nature of Court ™s jurisdiction to vary orders retrospectively — whether jurisdiction exists to remit payments already ordered and due and owing

payments not made through Court Funds Office in contravention of order

Ex Tempore Judgment - Family Law - maintenance pending suit for spouse - principles to be applied.

Family Law - Maintenance pending suit for spouse - principles to be applied

Ancillary Relief

Ancillary Relief “ Lump sum order “ Insufficient assets to meet both parties ™ long — term needs — Effect of poor health of party and high costs of associated care when considering division of capital

further and better particulars. Transcript of ex tempore judgment

financial provision “ costs in relation to application of a third party to intervene in ancillary relief proceedings “ test when considering application for indemnity costs

Family Law “Financial relief “ Jurisdiction “ Interim provision “ Interim lump sum orders “ No statutory power to make such provision — Inherent jurisdiction not justified “ costs

Whether Property Brought into the Marriage by one party, but used as matrimonial home for years constitutes matrimonial property — s. 19 and 21 of the Matrimonial Causes law (2005 Revision)

spouse supporting other spouse's career to detriment of own potential career in middle length marriage — approach to be taken by Court as set out in McTaggart v McTaggart [2011 2 CILR 366 ] — clean break principle — time limited spousal; maintenance — duty of experts — guidance on obtaining valuation expert reports if valuation not agreed — effect of delay in processing of permanent residency applications — requirement to provide sufficient evidence if asking Court to make orders about chattels — taking into account legal fees paid by both counsel for matrimonial assets — level of legal costs and proportionality.

Court order in relation to the implementtion of ancillary relief order — Application to adjourn stay of execution Summons

Morris v Morris [2016] EWCA Civ 812, the proportionate exercise that the Court should carry out when determining a variation application consideration of deferred application to make education costs and health costs order. Duty to conduct matter and incur legal costs in a manner which is proportionate to the issues and sums of money involved.

Judgment Financial Provision - Ancillary relief - spousal maintenance - matrimonial debts - clean break

bigamy Financial Provision “ Ancillary relief “ special contribution Financial Provision “ ancillary relief — spousal maintenance “ clean break Financial Provision “ variation of maintenance pending suit

Interim Maintenance pending suit ? Applicable principles of law ? Circumstances where party?s assets have been placed beyond her control ? Reasonableness and fairness considered.

Proposed Application to the Court of Appeal to vary ancillary relief orders made by Court of Appeal — Enforcing Court of Appeal Order

Should a party inform the other party if they have instructed or intend to instruct a Queen's Counsel?

Persistent failure to discharge responsibility under a court order to make periodical payments

repudiation of mediated property agreement

spouse's earning capacity not a marital asset subject to the sharing principle — principles applicable to orders for spousal maintenance.

Sections 19 and 20 of the Matrimonial Causes Law (2005 revision) — Principles to be applied

legal issues hearing (i) concerning application for declaration as to true agreement in the order relating to a joint tenancy (ii) concerning lack of clarity as to whether an application expressed by the Applicant to be one for a variation of the order is actually a variation application or ort whether it is a set aside application or an appeal — legal issue hearing at request of Petitioner to determine whether the variation, declaratory relief and disclosure orders claimed in the Applicant ™s Summons are as a matter of law available to the Applicant — The procedure in relation to the submission of and approval of consent ancillary relief orders

Procedure when Court is approving consent ancillary relief orders and Practice Direction No. 1/2013 Consent Orders in Ancillary Relief Proceedings — Application for declaration made pursuant to the Court's inherent powers as to true agreement in a consent ancillary relief order ('the Order') — Declarations cannot be made pursuant to S.13 Married Woman's Property Act (1977 Revision) post the granting of a certificate of dissolution of marriage — Application for variation of the Consent Order where Summons issued 5 years after Consent Order — Section 23 Matrimonial Causes Act — Test for variation application set out in the 'Tibbles Criteria', Tibbles v SIG plc (t/a Asphaltic Roofing Supplies) [2012] EWCA Civ 518.

Case management hearing relating to a Summons seeking a lump sum payment pending an appeal of an ancillary relief order — Parties agreeing unopposed final ancillary relief order — Judicial observation about the bringing and listing of applications — Judicial observation about Listing Forms — Judicial observation about parties sending correspondence to the Judge — Judicial observation about the distinction between the approach to be taken if a party disagrees with a Judge's case management of a case and when a party has an issue about a Judge's personal conduct.

Financial provision - ancillary relief - division of assets - equal sharing

Financial provision - ancillary relief - costs

whether to order payment on the indemnity basis

Financial provision - ancillary relief - division of assets – matrimonialisation of assets – equal or unequal sharing of assets - Standish v Standish [2025] UKSC 26.

whether there should be a clean break or ongoing spousal maintenance

Valuation of business remitted to the Grand Court from the Court of Appeal

factors indicating best interests of child

effect of Schedule 1, Children Law on such applications

Application for leave to permanently remove children from the jurisdiction — Relevant considerations

Residence and contact

Ruling

grant of sole decision making or parental responsibility

shared (judgment finalised 9 January 2015)

Protection From Domestic Violence Law 2010 “ Protection Orders — Cross — Protection Order and the inherent jurisdiction of the Court “ Making an Occupation Order “ Interim monetary relief direction pursuant to s.6(1)(c) “ Matters to be considered before making an order and before giving directions under the Law — Consideration of the best interests of a child when making an order and giving directions under the Law — ex tempore ruling

driection to third party to attend to give evidence of whereabouts of the child — approach — ex tempore ruling

Children Law (2012 Revision) “ Variation order providing for shared custody — Residence application — Shared Residence “ Apportioning time child spends with each parent

Procedural Guidance when making an application for an interim supervision order — Making of residence orders and contact order at the same time as making an interim supervision order “ Factors when deciding which of the separated parents should care for the child when an interim supervision is in force “ Procedural Guidance when making an Emergency Protection Order “ Requirement of Summary Court & Grand Court to give reasons in public law proceedings — Requirement to give notice of proceedings

child maintenance and payment of school fees “ Agreement in relation to application to vary “ Agreement reached at arm ™s length with parties separately represented — Petitioner resiling from agreement “Whether the Court has jurisdiction to make order in agreed terms — Factors court should consider when exercising discretion — Whether Petitioner has shown cause why agreement should not be made an order of court — Principle in Edgar v Edgar (1981) 2 FLR 19

Application for leave to permanently remove children from jurisdiction — Father wishing to relocate to USA with two of the four children of the marriage — Relevant considerations to be applied to a permanent removal application.

father married to biological mother “ Definition of child in adoption proceedings — Effect of the Adoption of Children Law, 2013 (Definition of œChild ) (Commencement) Order 2014 “ Referring to Hansard in order to understand amendments in legislation — Factors to be taken into account when child is reaching the end of minority by the time of the adoption hearing, including benefits that will accrue after majority (Re D (A Minor) (Adoption Order: Validity) [

Children Law Proceedings “ Guardian ad litem “ Refusal of application by father to terminate appointment “ Test that application to terminate appointment of Guardian is an unusual application, not to be lightly granted — Refusal of application for recusal of judge “ Considerations in recusal application and guidance in TF v RF & DF & NMF [2007] EWHC 2543(Fam) — (minor changes 12 November 2015)

Joint Residence Order. This Judgment is distributed with the strict understanding that, in any report of it, the anonymity of the parties and the children must be strictly preserved, that is, no party or child may be identified by name, school, location, or by family members.

Principles governing Fact Finding Hearing

Residence order with contact or shared residence order

Duty of attorneys to provide accurate time estimates for hearings

Making of a Residence and contact orders at the same time as making an supervision orders — Making a prohibited steps order against a non — party

Application for leave to permanently remove children from the jurisdiction — No need for detailed classification of type of re — location case, as to whether œprimary  or œshared care  case — Each child ™s welfare and best interests to be considered as paramount

Court has the power to order periodical payments for school fees — Consideration of what is meant by the Court ™s s.19 duty to have regard first of all to the bests interests of the children when dealing with ancillary relief matters — What constitutes a matrimonial asset — Effect of contributions by parties towards purchase and improvements to matrimonial assets — US income tax liability as a marital debt — Suitability of Mesher orders

Ex tempore judgment

Unopposed care order “ Duty of Court to Investigate the facts prior to making an unopposed care order — Application pursuant to s.35(6)(b) for leave to remove a child in care from the Cayman Islands to attend residential treatment facility in Florida — Duty of Department and Children and Family Services to promote contact between a child in their care and the child ™s parents pursuant to s.36 of the Law.

Court ™s duty when approving consent order

Application for variation of consent contact order. Supervisors for supervised contact. Effect of alcohol dependency on contact order. Application for contact order by maternal grandparents. Human Rights considerations and s.10 Children Law applications — s.13(7) of the Children Law attaching directions as to how a contact order is to be carried out and imposing conditions to a contact order.

Application to permanently remove child from jurisdiction. Mother wishing to relocate to Mexico City, Mexico with child. Considerations to be applied to permanent and temporary having regard to Payne v Payne, K v K, and Re F. Shared residence and child arrangements under s.10 Children Law. Approach to recommendations made in s.9 Welfare Officers Reports. Practice Circular No.1/2014 and requirement for strict compliance with Court directions — GCR O.41, r.12 the form of documentary exhibits.

effect of purported agreement, whether there was a binding agreement — application for occupational rent — payment of mortgage when one party is able to exclusively occupy the matrimonial home — clean break — duration of periodic payments for child pursuant to s.22(1) Matrimonial Causes Law (2005 Revision) — requirement to comply with Practice Direction No 11/2014 ?Court Bundles in Family Proceedings In the Family Division of the Grand Court.?

Application for financial provision order pursuant to Schedule 1 Children Law (2012 Revision) — application for declaration of paternity pursuant to s.10(1) the Status of Children Law (2003) — application for parentage testing order pursuant to s.15 Status of Children Law (2003) — Procedure for application for parentage testing pursuant to GCR Order 112

Family Law “ Maintenance Pending suit for spouse “ Interim child maintenance, including child education element

This judgment is distributed with the strict understanding that in any report of it, no person, other than the attorneys (and any other person identified by name in the judgment itself) may be identified by name or location and in particular the anonymity of the children and adult members of the family must be strictly preserved.

This judgment is distributed with the strict understanding that, in any report of it, no person, other than the attorneys (and any other person identified by name in the judgment itself) may be identified by name or location and in particular the anonymity of the children and adult members of the family must be strictly preserved.

Family Division - Financial Provision - Ancillary relief - child maintenance

Application for leave to permanently remove child from the jurisdiction “ Mother wishing to relocate to Dubai with child. — Section 3 Children Law (2012 Revision) — Paramountcy principle and relevant considerations to be applied to a permanent removal application.

Hague Convention on the Civil Aspects of International Child Abduction — proof that a country is a signatory. Matrimonial Causes Law — Ancillary relief — matrimonial property — financial contribution — child maintenance

Effect of child being made a ward of Court

allegations made by mother of father sexually abusing child, fact finding and burden of proof — human rights considerations and s.10 Children Law applications — A child's welfare is the paramount consideration in the determination of residence and contact applications.

allegations made by mother of father sexually abusing child, fact finding and burden of proof — human rights considerations and s.10 Children Law applications — A child's welfare is the paramount consideration in the determination of residence and contact applications.

Mother's application for leave to appeal an order that Father be granted Residence — Mother's application for stay of execution of the Order pending appeal — Principles involved in appeals relating to children orders where their welfare is paramount — test for granting leave to appeal — Principles involved in applications for stay of execution of orders made in private children law proceedings — Guidance of the Court of Appeal in KN v MN CICA No 14 of 2015

Father's application variation of monthly child maintenance order — Father's application for variation of arrears accrued under education costs and heath expenses contribution order — Application by father to remit arrears of child maintenance order and health expenses and education costs order — No Jurisdiction to remit arrears — Jurisdiction to apply a variation to a maintenance order retrospectively — The Jurisdiction to enforce payment of arrears from a parent's pension

Family Law Variation of a Final Ancillary Order, Applicable Principles, Child under a Disability.

Application of Relocation; Paramountcy of the Welfare of the Child: Parent's inability to settle; medical issues.

Application for variation of child maintenance

Sharies of Matrimonial Assets, Child Maintenance, Sections 19 and 21 of the Matrimonial Cases Law (2005 Revision).

Judge has a wide discretion to make appropriate order for benefit of children — need not be exclusively for their benefit — may order child maintenance to be paid by the father comprising mother's child — related expenses and her other expenses of providing suitable home for them when they are home from from boarding school.

s.15 Children Act application for leave to permanently remove child from jurisdiction — father wishing the child relocate to Canada — s.3 Children Act paramountcy principle and application of the — welfare checklist — to s.15 applications — relevant considerations to be applied to relocation — applicability of Article 7 and Article 9 Bill of Rights to removal cases arrangements for the child under section.10 Children Act.

Judgment

Family Law, Section 19 and Section 23 of the Matrimonial Causes Act (2005 Revision), Principles on an application to vary child maintenance order.

s.15 Children Law application for leave to permanently remove child from jurisdiction — father wishing the child relocate to Canada — application for the child to return to Canada at end of the school year prior to decision being made in substantive relocation application — specific issue order concerning schooling pending determination of substantive relocation application — contact to father pending determination of substantive relocation application

Enforcement child maintenance “ Variation of the child maintenance to include school fees order.

Sections 13, 19 and 21 of the Matrimonial Causes Act (2005 Revision) Sections 10 and 12 of the Children Act (2012 Revision) — Welfare of children of paramount consideration — Assessment of circumstances where issue of risk to children arises.

Specific Issue application for leave to temporarily remove child from jurisdiction for a holiday to California — Covid — 19 considerations — Requirement for prompt request to be made to other parent if seeking their consent to temporarily remove a child from the jurisdiction — Requirement to file applications for a specific issue order well in advance of proposed travel departure date — Section 15 Children Act (2012 Revision) and a parent with a residence order and seeking the permission of other parent to temporarily remove the child for the jurisdiction for a period of time under a month.

Costs in respect of Stay Application and Application re Housing for Child of the Marriage

Enforcement of child maintenance Orders

Enforcement application in relation to housing allowance order — Variation application in relation to housing allowance order and child maintenance order — Application to review and vary contact arrangements.

Importance of determining whether the order or decision appealed is interim or final — Approach in relation to appeals of interim orders — Who can apply for a parental responsibility order — Nature of hearing that should be held in the Summary Court for contested Children Act applications and when should the opportunity for cross — examination be afforded — Need for there to be consideration of the ˜welfare checklist ™

Guidance given by Peel J in WC v HC [2022] EWFC 22.

Guidance given by Peel J in WC v HC [2022] EWFC 22.

Making Section 10 orders when a child has been wrongfully removed from the Cayman Islands — Obligations placed upon an applicant making an ex parte application — Observations about habitual residence — Observations about the 1980 Hague Convention on Child Abduction, about the return order proceedings in a contracting state and about the role of the Central Authority.

Children Act (2012 Revision) - Application for an adjournment - Appointment of child psychologist - Directions to hearing

Role of Guardian Ad Litem in private law children proceedings — recording of interviews by Guardian Ad Litem.

Application for Father for variation of Summary Court contact and child maintenance order — Allegation by Appellant of coercive and controlling behaviour — Fact finding hearing at request of Appellant

Specific Issue application for leave to temporarily remove children from jurisdiction for a family wedding and holiday in Mexico with four school term days being missed — Section 15 Children Act (2012 Revision) — A parent with a shared residence order requiring the permission of another person who has parental responsibility to temporarily remove children from the jurisdiction for a period of time under a month — Sections 12 and 14 Education Act (2024 Revision) and absences of children from school “ Comment upon (i) the timing of communicating to the other parent a request to temporarily remove a child; and (ii) the expectations placed upon an applicant when making such an application.

Costs allowance/contribution application relating to Grand Court proceedings withdrawn after the conclusion of the hearing.

Single Sex divorced couple with parental responsibility due to shared residence order — Application by one parent to discharge shared residence order and replace with sole residence order in her favour and a no contact order for the other parent — Application by the other parent to vary the contact/child care arrangement order to defined alternate week contact — Consideration of varying/refining a prohibited steps order concerning restrictions on removal of children from the jurisdiction — interaction of human rights considerations and s.10 Children Law applications — A child ™s welfare is the paramount consideration in the determination of residence and contact applications

Application for leave to appeal substantive s.10 children orders — Application for stay of execution of the Orders made in a Judgment pending appeal — Procedure to be followed when making a leave to appeal application — Principles involved in appeals relating to children orders where their welfare is paramount — Test for granting leave to appeal — Guidance of the Court of Appeal in KN v MN CICA No 14 of 2015.

Unreasonable withholding of consent by father and mother

variation application by mother — enforcement of arrears of contributions towards school supplies and school uniforms application by the mother

Financial provision - ancillary relief – child maintenance

Divorce - Financial provision - ancillary relief – interim child maintenance – school education payments

Application to set aside consent order on basis of irregularity — Party giving an undertaking in proceedings to put in place an arrangement that the Court does not have the jurisdiction to order — Jurisdiction of Summary Court to hear property transfer applications made pursuant to Schedule 1 Children Act

Family proceedings - application for fact-finding hearing

Family Law - Application for a sole residence order - allegations of alienating behaviour

Specific Issue application for leave to temporarily remove children from jurisdiction — Application opposed by a parent who has an interim residence order in their favour.

Variation of child arrangements under a shared residence order — Application for a specific issue order — Applications prohibited steps orders — Meeting of child with the Judge and the applicable Guidelines for such meetings.

Third party Intervener in divorce proceedings, allegations that matrimonial home transferred to her in breach of Petitioner's interests in it ; death of Respondent ; whether Intervener proceedings survived death of Respondent

Final ancillary matters - divorce

Matrimonial Cause Law (2005 Edition) “ contested divorce petition by the Wife alleging unreasonable behaviour by the Husband (Section 10(1) (b)) “ legal principles to be applied “ civil standard of proof

Costs - Divorce - Application for financial provison -

Matrimonial Causes Law (2005 Revision) “ Contested divorce petition by the Wife alleging unreasonable behaviour by the Husband (s.10(1)(b)) — Petition proved — Costs.

Family Law “ Leave to appeal refused to husband appealing a Grand Court Judge ™s costs order made prior to the proving of the divorce petition “ Jurisdiction of the Grand Court to make costs orders in matrimonial proceedings before the petition is proved — Test to be applied by the Court when considering applications for leave to appeal

Applicability of doctrine of approbation to nullity suits relating to voidable marriages in the Cayman Islands — Requirement of wilful refusal of Respondent to consummate for non — consummation ground to be established — Statutory bar to decree on s.8(3)(b) — (f) grounds.

Wife's prayer for divorce on ground of parties living apart for five years — Whether amended petition part of original petition — Petitions to be treated as one petition and 5 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.

Wife's divorce brought on consensual ground of parties living apart for two years — Respondent must affirmatively consent to the decree and it is not sufficient that he or she does not oppose it — Consent must still exist at time of proving of petition — Amendment of Petitions and requirement to seek leave of the court pursuant to the procedure set out in Rule 14 Matrimonial Causes Rules (2003 Revision) — The fact alleged under s.10(1) of the Law on which it is sought to satisfy the court that the marriage has broken down irretrievably must appear in the Petition — Petitions to be treated as one petition and 2 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.

conduct of one party, concealment of assets, Mesher Order

Application for a decree of nullity on ground of fraud under section 8 of the Matrimonial Causes Law (2005 Revision) — Petition undefended — duty of Court under section 15 of the Matrimonial Causes Rules — relevant principles to be applied

Husband and wife are equal shareholders and directors of Company U — Wife submitts summons dated 25 May 2020 — Husbands opposed the wife's application

Matrimonial Causes Law (2003 revision) Divorce Petition and Cross — Petition — Unreasonable behaviour

whether to depart from basic principle of equal sharing of matrimonial assets — whether wife made special contribution to assets of marriage — whether wife entitled to occupational rent in relation to former matrimonial home.

Divorce Proceedings - Costs

Ex tempore ruling

Note of ex tempore judgment

Jurisdiction

Family Law “ costs “ costs follow the event “ unsuccessful application at inter partes hearing for leave to appeal order — proceedings include any step in any appeal

Ex tempore ruling - letting of home - consent of both parties

Order made by consent for division of matrimonial assets “ wife ™s notice of motion for committal for husband ™s failure to comply “ husband ™s cross — application to vary or revoke consent order on grounds of common or mutual mistake as to value of matrimonial assets “ whether husband ™s application should be struck out as an abuse of process of the court or whether it should be allowed to proceed and if so, on what terms “ jurisdiction of court to hear applications to vary or revoke consent order

Ruling

Ruling

Re-taxation ruling - Section 29 of the Legal Aid Law, 2015 - Re-taxation of invoice rather than appeal.

Ruling - Anonymised and Released for Publication

Court's discretion to review decisions before order perfected — has the right of pre — emption been triggered? — appointment of single joint expert — appointment of company director — further orders concerning the management, distribution and monetisation of matrimonial assets.

Family Law- Costs in respect of Final Ancillaries

Costs Arising from Application for Variation of Ancillary Order

Family Law- Application for a Stay

Admissibility of a communication

Consent order - sale of property - interpretation

Ancillary orders - matrimonial assets

Financial Relief

Order for payment - contempt of court on failure to pay

Section 38 Application for grant of extension of Legal Aid Certificate — Circumstances in which the Director may require a contribution — Resources of the applicant

Judgment - Anonymised and Released for Publication on 19-01-10

Sharing of Matrimonial Assets, Construction and Application of Pre — nuptial Agreement

Judgments

Family Law “Final Ancillaries" “Sharing of Matrimonial Assets" — Debt between Spouses

Applicable Principles on Variation of Ancillary Order

Intention of the Parties, Common Endeavor

Final Ancillaries, applicable principles, Inferences to be drawn from non — disclosure

Judgment

Matters to be considered before making an order under Law

s.19 and 21 of the Matrimonial Causes Act Final Ancillaries, Applicable principles.

Recalculation of assets, application of the three principles of Need, Compensation and Sharing

Final Ancillaries, s. 19 and 21 of the Matrimonial Causes Act.

Section 19 and 21 of the Matrimonial Causes Act, (2005 Revision), Final Ancillaries, Applicable principles.

Section 19 and 23 of the Matrimonial Causes Act (2005 Revision), Applicable Principles on Variation of Ancillary Order; Protection Order — Section 5 of the Protection from Domestic Violence Act 2010.

Final ancillaries - division of matrimonial assets - whether clean break achievable.

Judgment

Family Law - Principles on Cost Applications