Wood v Punnewaert

• Jurisdiction: Cayman Islands
• Judge: (Levers, J.)
• Judgment Date: 10 October 2005
• Court: Grand Court (Cayman Islands)
• Date: 10 October 2005

Grand Court

(Levers, J.)

WOOD

and

PUNNEWAERT

Attorneys: Myers & Alberga for the applicant; Truman Bodden & Co. for the respondent.

Family Law-children-illegitimate children

The court has jurisdiction, under the Guardianship and Custody of Children Law (1996 Revision), to grant custody and access to a natural father. Whilst regard should be had to paternity, it is not the overriding consideration-first and paramount is the child”s welfare. Where, however, a natural father has built up a relationship with his illegitimate child, the court is unlikely to deprive him of access as that would be detrimental to the child”s welfare. When deciding what is in the best interests of the child, the factors to be considered include-

(1) the ascertainable wishes and feelings of the child concerned, considered in the light of his age and understanding;

(2) the child”s physical and educational needs;

(3) the likely effect on the child of any change in his circumstances;

(4) the child”s age, sex, background and any characteristics which the court considers relevant;

(5) any harm which...