Williams (Rohan) v Andrea Williams

JurisdictionJamaica
Judge SYKES J.
Judgment Date27 January 2009
Judgment citation (vLex)[2009] 1 JJC 2701
CourtSupreme Court (Jamaica)
Date27 January 2009

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

SUIT NO. E425 OF 2001
IN THE MATTER of the application of ROHAN WILLIAMS AND ANDREA WILLIAMS
AND
IN THE MATTER of the application of GUARDIAN in respect of KMAB
AND
IN THE MATTER OF THE CHILDREN (GUARDIANSHIP AND CUSTODY) ACT

IN CHAMBERS

Gordon Steer and Deborah Dowding instructed by Chambers Bunny and Steer for the applicants
Akilah Anderson and Frank Halliburton instructed by Knight Junor and Samuels for the respondents

FAMILY LAW - Child - Application for summary return of child - Factors to be considered - Whether sunnary return is in best interest of the child

SYKES J
1

The application of the legally appointed guardians of the child KMAB to have her summarily returned to them in the United Kingdom was granted by me on December 22, 2008. I dismissed Miss Barrett's applications for (i) custody and control of KMAB; (ii) discharge of the order appointing Mr. and Mrs. Williams the legal guardians of KMAB as well as the alternate remedy of removing them as the legally appointed guardians of the child. The application was heard on December 19 and 22, 2008, and the orders were made on December 22. These are my reasons for so deciding.

The facts

2

KMAB is the natural child of Miss Geraldine Barrett. She was born January 14, 1994. On September 20, 2001 the Supreme Court granted an order appointing Mr. and Mrs. Williams legal guardian of the child. At the time, KMAB was seven years old. Shortly after this appointment, Mr. and Mrs. Williams migrated to the United Kingdom, taking KMAB with them. She has been residing there since and returned to Jamaica from time to time to visit her mother and grandmother.

3

For three years prior to the summer of 2008, KMAB did not come to Jamaica. Her explanation for this was that it was her decision not to come to Jamaica because she had an inkling that her mother might not let her return to the United Kingdom. In effect, she was saying that it was not her legal guardians that dissuaded her from visiting her mother and grandmother. Her guardians were, at best, neutral in the matter and there is no evidence that they prevented her coming to Jamaica in those years.

4

When she came to Jamaica in summer 2008, it was the understanding of all concerned that KMAB would return to the United Kingdom. However, these well understood plans took a different course. Her mother decided to keep her. She was enrolled at the Convent of Mercy Academy, more commonly known as Alpha High School, for the Christmas term of the academic year 2008/2009.

5

Needless to say, her guardians were quite anxious over these developments. They applied, Notice of Application for Court Orders dated October 23, 2008, for summary return order in the following terms:

That the child KMAB is to be returned forthwith to England to the custody, care and control of her guardians Andrea and Rohan Williams.

6

The application was opposed by Miss Barrett. A number of affidavits was filed on both sides. The common theme in both sets of affidavits, as pointed out by Mr. Gordon Steer, counsel for the applicants, is that there is no allegation that the guardians are doing a bad job or that the child is being ill-treated, neglected, or abused in anyway whatsoever. Mr. Steer pointed out that when the totality of the evidence is looked, what the application by Miss Barrett is really saying that she ought to have custody of the child now because she is the mother and is now able to provide for the...

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