Sanderson J
IN THE GRAND COURT OF THE CAYMAN ISLANDS HOLDEN AT GEORGE TOWN, GRAND CAYMAN BETWEEN: TIMOTHY CHRISTOPHER HUBBELL PETITIONER AND: THELDA JULYNN HUBBELL RESPONDENT Appearances: Mr. Phillip Boni of Truman Bodden & Company for the Petitioner Mrs. Sheridan Brooks of Brooks & Brooks for the Respondent Heard: February 23, 2005 Before: The Hon. Justice Sanderson JUDGEMENT This is an application for interim relief regarding two issues. First, the respondent seeks interim maintenance in the amount of $400 per month in total for her three infant children. Second, there is a dispute regarding access to the children, with the petitioner seeking visitation or access every week day evening from the end of school until 7:30 p.m. The parties have agreed to share access on alternate weekends. I shall deal first with the question of interim maintenance. It is not disputed that Mr. Hubbell pays the mortgage in the approximate amount of $2,800 per month, school fees of $1,122 per month and electricity, although the amount is disputed. It is stated by Mr. Hubbell to be $650 per month and Ms. Brooks submits that it is closer to $400 or $500 per month. The Petitioner also pays for water in the amount of $250 per month, pool supplies of $50 a month and garbage fees of $8 per month. If one assumes the electrical bill of $650 is correct, the total amount of his expenditure is $4,880. These expenditures are for the benefit of Mrs. Hubbell and the three infant children who continue to occupy the matrimonial home. The petitioner earns approximately $9,200 per month. After deducting the approximate amount of $4,900 per month that he pays for the benefit of Mrs. Hubbell and the children in providing them with accommodation and utilities that leaves him $4,300 per month to live on. He pays rent of $1,800 per month plus utilities of approximately $325 per month for a total expense of $2,125. After deducting this $2,125 from the $4,300 that he has to live on, he is left with a total of $2,175 to meet all other expenses including his food, insurance, clothing, and all other expenses. Mrs. Hubbell has an income of approximately $3,075 per month for her and her three children to live on. She has prepared a list of expenditures per month that contains an item of $780 per month for a garbage fee. That is obviously some type of mistake or error, because it is Mr. Hubbell who pays the garbage fees and any event it is approximately $8 per month and not the amount stated. Mrs. Hubbell in her affidavit indicates that she requires approximately $3,300 per month to get by. However, as previously mentioned, that includes an expense of about $780 per month for garbage which as I have already stated is erroneous. Accordingly, Mrs. Hubbell has more than sufficient funds based upon her affidavit to meet the basic needs of her family. As I have stated, she has $3,075 essentially to feed, clothe and look after herself and her three children. Mr. Hubbell has $2,175 to feed, clothe and look after himself. In these circumstances I think that is fair at least in an interim situation. Accordingly I order that Mr. Hubbell continue to pay the mortgage, school fees, electricity, water, pool supplies, garbage and household insurance in respect of the matrimonial property. The insurance is a disputed issue at the moment because there is currently no insurance in place. However, I direct Mr. Hubbell to pay that amount as it is in the interest of both parties that he do so. Accordingly, that will likely take his expenditures to an amount of $5,000 per month or more. He seems content to continue to do this. Accordingly the application for interim maintenance is denied, provided however that Mr. Hubbell pays the amounts that he has indicated he is paying and is willing to pay. With respect to access to the children, the parties have agreed that there will be joint custody, that day to day care and control will rest with the mother. The parties have also agreed that they will have access on alternate weekends. The only dispute is during the week days. Mr. Hubbell has requested that he have access every day of the week from after school until 7:30 p.m. If this were granted, that would deprive Mrs. Hubbell of an equal time with the children in that the children would be returning home and then going to bed shortly thereafter; at least in respect of the younger children. With respect to access I accordingly make the following order;
the parties shall each have access on alternate weekends;
the parties shall have an equal number of days access in the evenings for each month of the year. That is in the first week, Mrs. Hubbell will have access for three nights a week and the next week Mr. Hubbell will have access for three nights a week. This will give the parties approximately equal time with their children although marginally more to Mrs Hubbell in that she will have the children with her each evening. With respect to the Summons for Directions, I make the following orders; 1. the petitioner is to file an affidavit of means within 14 days from today; 2. the petitioner and respondent are to file reply affidavits within 14 days thereafter, that is within 28 days from today;
both the petitioner and the respondent are to file an exchange at the same time a list of documents and copies of documents within 28 days from today.
each parties shall be at liberty to call witnesses at the hearing of this matter provided however that party discloses its witness statement to the other party 14 days prior to the hearing;
that each of the parties be available at the hearing for cross-examination;
that this matter be set down for hearing at a date convenient to counsel in May of 2005;
the request for a Social Services Inquiry Report is denied at this time. I feel that it is not necessarily advantageous to do so at this time;
the parties at liberty to apply in the usual way. Dated this 24th day of February, 2005 Sanderson, J. Judge of the Grand Court