| – father appeals High Court denial of sole custody of daughter By Dale AndrewsA few weeks ago, a United States of America-based Guyanese snatched his four-year old son and flew out of the country with him,Sean Harlow Youth Jersey, unknown to his mother.The matter attracted wide media coverage with many arguing about the legality of the man’s actions.There were some who felt that the mother should not have had to suffer the fate of having her son taken away in such a manner since she might not be able to see him again for quite awhile.There are others who are convinced that the child will be better off in the United States,DJ LeMahieu Rockies Jersey, the so-called land of opportunity.A similar custody battle is brewing, although this time it is being fought in the courts of Guyana.Another US-based Guyanese man has appealed the decision of the High Court to deny him custody of his 10-year old daughter.Winston Albert Grant is contending that “Justice James Bovell-Drakes erred in applying the law which related to the issues; the judge erred in law when he dismissed the application and misapplied the legal principles relevant to the application and the trial judge exercised his discretion and/or failed to exercise his discretion in accordance with established legal principles and law”.Attorneys at law Sanjeev Datadin and Mohamed Ali are representing Grant in the matter.Justice Bovell-Drakes had on June 21st dismissed Grant’s application for the sole custody of his child from her mother Stacy Ann Cheddie, for want of prosecution.In his original summons, Grant had asked the High Court for the liberty to take the female child out of the jurisdiction.Grant,Deatrich Wise Jr. Patriots Jersey, who has been living in the United States of America since he was aged 13, wedded Cheddie in December 2001 and after nine years applied for a divorce last year in the US. The marriage had produced one child,Ryan Switzer Womens Jersey, the 10-year old girl at the centre of the custody battle.But in his affidavit, Grant claimed that during the marriage, his wife had another child which he claimed is not his and this led to the souring of their relationship.According to Grant, he has been visiting Guyana frequently to see his daughter but after a period of time, Cheddie refused to let him see her and even took him to court for maintenance.In his affidavit, Grant claimed that his relationship with his wife and the mother of his child deteriorated because of her association and liaisons with persons associated with the drug trade.This was not challenged by the woman, who in fact stated in her affidavit in response,Cheap Jerseys From China, “I admit that I associated with persons who were involved in criminal activities, but I deny that I ceased to care for the said minor child or to ensure that she was in a safe and secure home environment.”She also claimed that as a mother and wife, she had been left alone by Grant to struggle and support herself and child, and she admitted that she made a foolish mistake for which she is sorry.Grant provided the court with evidence that Cheddie, who at the time carried the name Stacy Grant, was incarcerated at the Santa Boma Prison in neighbouring Suriname for drug trafficking.He also argued that because the mother of his daughter was involved in criminal activity, she would not care for his daughter nor ensure that there was a safe and secure home environment.“Look at the Cummings Lodge incident, these people don’t care who they shoot at. My daughter could be in a dangerous situation because of her mother’s activities,” Grant stated.Cheddie denied that their marital relationship deteriorated because of her drug trafficking connections, claiming it was because Grant had stopped providing financially for her and their daughter. She said that in 2007 she was forced to institute maintenance proceedings against her husband, which led to the Magistrate ordering him to pay $7000 per week.“Apart from the rare occasions that the applicant actually paid monies pursuant to the said court order, he has not demonstrated any interest in the child’s welfare,” Cheddie said in her affidavit.She also stated that she was forced to apply for a warrant against Grant for his failure to pay the child support.Despite this, the woman claimed that she has never refused to allow the child’s father to see her, adding that she has always pleaded with him to take an active role in the child’s welfare.But in his affidavit, the father of the child claimed that his daughter’s mother continues to associate in criminal activities and presently has “substance abuse issues which make her unable to the care for our daughter”.He claimed that the one-bedroom apartment that is shared by his former wife and their daughter with other persons can hardly compare with his Brooklyn apartment which has modern facilities.“There are fathers who are putting out their children for other women and here I am fighting for my daughter,” Grant told this newspaper.But Cheddie believes that her former husband has filed for sole custody of their daughter maliciously, capriciously, and to avoid making financial provisions for the child.She also believes that his move is as a result of him being arrested and taken before a Magistrate for his failure to adhere to the court’s order for the payment of maintenance for the child.“I verily believe that the applicant has no fixed place of abode in Guyana and possibly in the USA and that in all the circumstances, I aver that the said minor child should remain in my care and control until she attains the age of majority,Larry Ogunjobi Browns Jersey,” Cheddie stated in her affidavit in response.Grant had approached the Child Protection Agency of the Ministry of Human Services to have the child removed from her present environment, but the agency refereed him to the Welfare Department. |
