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Because the right to custody is given belizf the mother the court must insist that anyone who alleges misconducts or conditions of the child enumerated in subsection 3 and indeed in S: 85, against the mother, must bear the burden of proving those misconducts or conditions, and finally that the order will be for the welfare of the child, and therefore in the best interest of the.
In the judgment appealed against I have not found anything to suggest that the magistrate misdirected himself about the burden of proof.
I think the magistrate was entitled to conclude from the evidence that S: 85 cfor example, was proved. It is also common ground that the respondent in an emergency of the child being ill resisted using money given to her by the respondent for that purpose and preferred that the treatment be paid for under an insurance arrangement of the respondent, and that she would use rpostitution money for something else.
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Parties shall bear own cost. Ordonez, granting custody of Joid Bey to Ernesto Bey. Jurisdiction of Magistrate's Court in custody of born out of wedlock. Ss: 2,16, and 85 of Families and Children Act, Cap.
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Costs In deciding the costs of this appeal, I have considered the circumstances of the appellant, especially her means and the fact that she is a single parent and has other children born out of wedlock to look after. She entrusted the child to the prostituiton.
Was it unreasonable that the magistrate should conclude that those facts proved some or even only one of the grounds enumerated in S: 85 3 that the father had to prove in order to succeed in his application? Joid Bey was born to Rosalva out of wedlock.
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Williams, that under S: 16 2custody of born out of wedlock belongs to the mother. Senior Counsel D. It was common ground that the applicant left the child behind and went ln the United States on at least two occasions. Sam Lungole Awich. It is correct, as submitted by learned counsel Mrs.
Requena lived with the. The second ground of appeal is also dismissed.
One has to refer to other sections of the Families and Children Act itself and to other relevant Acts. Moreover, from the decision, it appears that the magistrate was conscious of the fact that whatever misconduct may beliz been proved, he was, over and above to be satisfied, according to S 5 that the order, if made, would be for the welfare of the.
Two divergent social welfare reports were obtained, the decision of the magistrate does not rest on either. The section defines a Magistrate's Court by reference to its criminal jurisdiction in subsection 2 clause a and to civil jurisdiction in subsection 2 clause b. In my view the court that has jurisdiction in applications for custody of children born out of wedlock, which court is described as, "The court sitting in the district in which the child normally resides," is the Magistrate's Court of the district, in this case, the Magistrate's Court in the district covering Santa Elena, Cayo District where Ms.
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From the record, the testimonies of the respondent, given during the application, were largely not divergent. On the first occasion the child was at a tender age, it may have been only weeks, I may even assume a few months old. In subsection 2 clause bmagistrate's Court is defined as a Court that exercises civil jurisdiction in accordance with the Inferior Courts Act in civil matters, maintenance and other related orders.
The grounds of appeal are that: 1 "The Inferior Court had no jurisdiction in the matter" and, 2 "The decision was unreasonable or could not be supported, having regard to the evidence. It is common ground between the appellant and the respondent that the respondent is the father of Joid. I would add custody, ejusdem generis.
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The mother may, of course, be deprived of the custody on the grounds stated in subsection 3. The first lead comes from S: 2, the interpretation section of the Families and Children Act.
Delivered this Wednesday the 11th of April, Appeal Ground 2 The second ground of appeal is really a complaint against the magistrate having accepted the evidence of the respondent in preference to bepize of the appellant. S: 6 of the Act establishes District Courts to exercise civil jurisdiction in districts.
The Magistrate at Belmopan sat as the District Court; he had jurisdiction; ground one of the appeal is dismissed. S: 6 of Inferior Courts Act Cap.
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