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Watson Bailey, Keisha La-Georgia v Floriziel Al Bailey
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN FAMILY DIVISION
CLAIM NO. M 1029 OF 2007
IN CHAMBERS
BETWEEN KEISHA LA-GEORGIA
WATSON BAILEY PETITIONER
A N.D .\, FLORIZIEL AL BAILEY RESPONDENT
No Representation (application considered on paper)
Divorce - Application for Decree Nisi - Application being considered on ci paper - Arrangements for children of the marriage not acceptable to
judge - Whether application for Decree Nisi not to be granted as a
result - Rule 76.12 (4) of the Civil Procedure Rules
Heard: llth~ anuarv20 08
BROOKS, J. I
The introduction in September 2006, of new matrimonial causes rules
as a part of the Civil Procedure Rules (CPR), has resulted in a number of
changes in the process of considering grants of decrees for the dissolution of
I- marriage. Significant teething pains have attended the changes.
One major change brought about by the new rules is that applications
for decrees nisi may now be considered on paper by a judge, without the
need for a hearing. The result is that there is, at the time of consideration, no
witness readily available to clarify or expand on the affidavit evidence.
Where in such applications, there are relevant children to be considered, rule
76. 12 (4) of the CPR requires the judge to issue a certificate approving the
arrangements existing for the care and upbringing of those children.