B-H v H

• Jurisdiction: Cayman Islands
• Judge: (Henderson, J.)
• Judgment Date: 13 September 2007
• Court: Grand Court (Cayman Islands)
• Date: 13 September 2007

Grand Court

(Henderson, J.)

B-H

and

H

Attorneys: Nervik & Co. for the petitioner; Campbells for the respondent.

Family Law-children-custody

The difference between an award of joint custody of the children of a marriage and an award of sole permanent custody is largely symbolic and has no real practical meaning. The grant of sole custody to one parent does not give that parent a pre-emptive right over major matters such as the education, medical treatment or religious upbringing of the children, but only control over day-to-day matters (In re Carlson, 2000 CILR 138, applied; Hurst v. Hurst (1981), 1 FLR 867, applied). The first crucial issue is which parent is given day-to-day care and control, and the second is the nature and degree of access awarded to the non-custodial parent. The court”s decision will be guided solely by the best interests of the children.