Smith v Walton

• Jurisdiction: Cayman Islands
• Judge: (Hall, Magistrate)
• Judgment Date: 07 June 2002
• Court: Summary Court (Cayman Islands)
• Date: 07 June 2002

Summary Court

(Hall, Magistrate)

SMITH

and

WALTON

Attorneys: Campbells for the applicant; Boxalls for the respondent.

Family Law-affiliation proceedings-jurisdiction

A mother may apply for an affiliation order under s.3(1) of the Affiliation Law (1995 Revision) even if neither she nor her child is resident in the Cayman Islands. The requirement of residence is not to be inferred from the provisions of s.3(2). Once the complaint is made on oath or affirmation and properly served on the putative father residing here, the court has jurisdiction to issue a summons to him and to hear the matter. If he does not admit paternity, the mother must establish her case by giving evidence in person unless she can show, for the purpose of s.5(1)(a), that there is sufficient cause for her absence and that some other...