Joseph v Joseph

• Jurisdiction: Grenada
• Judge: Bishop J.
• Judgment Date: 06 December 1973
• Neutral Citation: GD 1973 HC 15
• Docket Number: 226 of 1972
• Court: High Court (Grenada)
• Date: 06 December 1973

High Court

Bishop, J.

226 of 1972

Joseph

and

Joseph

Appearances:

H.R. Scipio for the petitioner.

A.C. Taylor for the respondent.

Family law - Custody of children — Court granted custody of two children to petitioner.

Bishop J.

1 On the 20th October this year, having heard the testimony of the respondent, I made an order in respect of the custody of four of the children of the marriage. I also made an order for their maintenance. On the same occasion, I deferred my decision in respect of custody of and any consequent maintenance for, the remaining children Peter and Ivan. Questions of access and costs were also deferred for decision.

2 The respondent Catherine Joseph has asked this court for an order granting custody of the male children to her. Peter was twelve years old on the 4th December this year, and Ivan is now 9 years and 7 months old. The only relevant testimony which was led for my consideration came from the respondent who said this in evidence-in-chief:

“They live with my husband's mother. My husband is a seaman… He goes away and comes back in 2 months time; sometimes longer than 2 months…

All the children are at school. Vanette goes to private school… The others go to primary school in Petite Martinique…

My husband does not give me support for the children. He has never yet given me money for the support of the children since we were married.”

3 Under cross examination the respondent explained to the court that the house in which the two boys live with their paternal grandmother is about three times the size of that in which the respondent lives with the four girls. The latter house is 8 feet by 7 feet and the ages of the girls are 15 years, 14 years, 11 years, and 4 ¹/₂ years. The respondent said that she knew that the...