Dearlove v Murray [2010] CKHC 18; DP 14 of 2010 (7 December 2010)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)

DP NO. 14/2010

IN THE MATTER of Sections 548 and 538(6) of the Cook Islands Act 1p>

ter">BETWEEN

TAMSYN MARY DEARLOVE
Applicant

AND

KERRY TEARIKI MURRAYespondent

HeariHearing: 6 December 2010

Counsel: Mrs F Arnold for Applicant
Mrs T Browne for Respondent

Judgment: 7 December 2010

JUDGMENT OF GRICE J
[Interim Custody and Interim Maintenance Orders]

F Arnold, Tim Arnold PC, Solicitors, Rarotonga
T Browne, Browne Harvey & Associates, Avarua, Rarotonga

[1] Applications for custody and maintenance Orders in this matter were set down for hearing for Wednesday, 8 December 2010. The matter was called by consent this morning, 6 December, as the respondent had to leave for Tahiti on the morning of Tuesday, 7 December. His partner is due to give birth. Counsel advised that he had attempted to delay the trip and therefore he was required to travel on Tuesday.

[2] The parties indicated that they would prefer final applications be adjourned but the applicant sought interim Orders until the final Orders were able to be heard. The applicant wished to cross-examine the respondent on his affidavits and therefore preferred for the final matters to be adjourned.

[3] The parties agree that the applicant shall retain custody of the two children:

• Kaia Eve Murray, born on 20 June 2003; and
  
• Luca Grace Murray, born on 8 May 2005.
  

[4] By consent reasonable access is reserved to the respondent. Counsel advise me that the parties have been cooperating on access to date.

[5] The parties were, however, unable to agree upon an interim maintenance arrangement. Mr Murray has been paying the sum of $100 per child per week to date. In the final Order application he seeks to pay a lesser amount.

[6] The matter was stood down to 4:00 pm to see if the parties could reach agreement. There was no appearance by the respondent nor his counsel when the matter was recalled after 4:00 pm.

[7] The matter proceeded with the applicant giving evidence.

[8] She confirmed her financial arrangements as set out in the affidavit. She is presently not working having injured her ankle five weeks ago. She is likely to go back to work but this will not be until well into the New Year as she had booked to go to New Zealand to take the girls to visit their grandmother.

[9] The applicant has a new partner. The total rent is $300 of which she pays $200. She has set out in her affidavit her living expenses and confirmed that they remain the case. These total approximately $650 for rent, food and transport. Albeit she now has contribution from her partner. Her other weekly expenses add up to approximately $810. School fees for the children are about $60 per year. In addition there are dentist and doctor appointments, as well as miscellaneous costs, toys, friends' birthdays and other matters. Doctor's appointments are usually about $30 per visit.

[10] The children are about to commence the school holidays. Normally they go on school holiday programmes at the cost of approximately $200. This year Ms Dearlove said would spend more time with them due to her being injured but there is still likely to be expenditure. Mr Murray has gone to Tahiti for at least two weeks. Ms Dearlove indicated the children normally go to him on weekends but they will be staying with her during the time he is out of Rarotonga.

[11] In view of the expenses and Ms Dearlove's present position I see no reason to alter the present maintenance arrangement of payment of maintenance of $100 per week per child.

[12] Therefore, I Order by way of interim maintenance the sum of $100 per week for each of the two children:

[13] Kaia Eve Murray, born on 20 June 2003; and

[14] Luca Grace Murray, born on 8 May 2005.

[15] The applications for permanent Orders for maintenance and custody are adjourned.

[16] The issue of costs is reserved.

Grice J