Family Assignmnet 1

14/195COUNCIL OF LEGAL EDUCATIONNORMAN MANLEY LAW SCHOOLMONA CAMPUS

2014/2015

CANDIDATES I.D:14/195

TITLE OF COURSE: CIVIL PROCEDURE AND PRACTICE I (PART B)

ASSIGNMENT NO: TWO

YEAR: ONE

DATE: January 12, 2015

COURSE DIRECTOR: MISS S. CHAMBERS

JURISDICTION: JAMAICA________________________________________________I hereby certify that this assignment is an identical copy of the copy submitted electronically on January 12, 2015

PETITION FOR DISSOLUTION OF MARRIAGE Form MP.1 [Rule 76.4(1)]

IN THE SUPREME COURT OF JUDICTURE OF JAMAICA

CLAIM NO. M of

BETWEEN LINDSAY PARKESPETITIONER

A N D MARK PARKES RESPONDENT

THE PETITION OF Lindsay Parkes SHOWS THAT:

1. On the 9th day of February 2008 the Petitioner Lindsay Parkes was lawfully married to Mark Parkes at St. Lukes Anglican Church in the Parish of St. Andrew, by Vicar George Jacques a marriage officer of the island of Jamaica.

2. At the time of the marriage the Petitioner was a Spinster and the Respondent a Bachelor.

3. The Petitioner was born on the 12th day of August 1981 at St. Hughs Hospital in the Parish of St. Michael and the Respondent was born on the 12th day of March 1979 at St. Hughs Hospital in the parish of St. Michael.

4. Both the Petitioner and the Respondent are Jamaica nationals. 5. The Petitioner and the Respondent lived as man and wife in Jamaica at 23 Peters Lane in the parish of Saint James.

6. The Petitioner is a pharmacist and lives at 12 Upper Mansfield Park and the Respondent whose current address is unknown is a radiologist.

7. The following are the relevant children of the marriage: Daniel Parkes born on the 10th day of July 2009 Marla Parkes born on the 25th day of December 2009 8. To the knowledge of the Petitioner, the following are the particulars relating to the children, born to the Respondent during the marriage as a result of a union between the Respondent and a person other than the Petitioner: Jesse Parkes born on the January 1, 2011

9. The financial resources of the Petitioner are as follows Salary of $150,000 per month

10. The financial resources of the Respondent are unknown to the petitioner.

11. There is no dispute between the Petitioner and the Respondent as to whether any child is a child of the family.

12. There has been no proceeding in any court regarding the relevant children to the marriage or the properties of the Respondent and the Petitioner.

13. The marriage between the Petitioner and the Respondent has broken down irretrievably.

14. The following are the circumstances in which the Petitioner considers the marriage to have broken down irretrievably: Cohabitation had ceased for over two years immediately preceding the presentation of this petition. Particulars The parties separated on the 3 June 2011, resumed cohabitation on 3 July 2011, separated again on 3 February 2012 and have lived separately and apart from that date.

As a result of the Respondents involvement in an extra marital affair, frequent quarrels ensued between the Respondent and the Petitioner, and on more than one occasion physical violence towards the Petitioner, the situation became so intolerable that the Petitioner left the matrimonial home on 3rd February2012 and has not returned since. 15. There is a no reasonable likelihood of cohabitation being resumed.

The Petitioner therefore seeks the following relief:1. That the marriage be dissolved 2. That she may have such and any further relief as may be just.

The following is the person to be served with this Petition and who is not under disability:

The Respondent MARK PARKES United States of America

I certify that the facts set out in the Petition are to the best of my knowledge, true.

Dated this day of January 20

_________________________ Petitioner

NOTICE TO THE RESPONDENT

See rule 76.4(14) and the following notes served with this Petition.

This Petition must be personally served unless otherwise permitted by an order of the Court or permitted by rule 76.9 (service out of the jurisdiction).

Rule 76.11 sets out the procedure for responding to the claim and requires you to file an Acknowledgment of Service within 28 days of being served with the Petition, if you wish to respond to the claim. An Acknowledgment of Service is Form MP 5 in the Matrimonial Proceedings Forms at Part 76 of the Civil Procedure Rules, 2002 as amended.

If you do not complete the form of Acknowledgment of Service and deliver or send it to the registry (address below) so that it is received within [state number of days permitted] of being served with the Petition, the Petitioner will be entitled to proceed in default against you. See rule 76.12.

The form of Acknowledgment of Service may be completed by you or an Attorney-at-Law acting for you.

You should consider obtaining legal advice with regard to the claim contained in the Petition.

[SEAL]

The Registry is at The Supreme Court, Public Buildings, King Street, Kingston, telephone numbers (876) 922-8300 9, fax (876) 967-0669. The office is open between 9:00 a.m. and 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays, except on Public Holidays.

The Petitioners address for service Is that of her Attorney-at-Law MANLEY & MANLEY of 5 Worthington Terrace, Kingston 5, Attorneys-at-Law for and on behalf of the Petitionerherein (Telephone No. 906-2571/926-9251; Facsimile 926-9251.

FILED by MANLEY & MANLEY of 5 Worthington Terrace, Kingston 5, Attorneys-at-Law for and on behalf of the Petitioner herein (Telephone No. 906-2571/926-9251; Facsimile 926-9251.

ACKNOWLEDGEMENT OF SERVICE IN MATRIMONIAL PROCEEDINGS ----------------------------------------------------------------------- FORM MP 5 [Rule 76.10]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. M of

BETWEEN LINDSAY PARKES PETITIONER


WARNING: If this form is not fully completed and returned to the Registry at the address below within fourteen 28 days of the date of service of the Petition on you or such longer time as is permitted by an order or rule under rule 76.8 - substituted service or rule 76.9 - service out of the jurisdiction, the Petitioner will be entitled to apply to proceed in default against you - see rules 9.2(5) and 76.12. If the Petitioner does so, you will have no right to be heard by the court unless you are applying to set aside any order it may have made.Have you received the Petition with the above claim number?YES/NO

2. If so, give the date on which it was served__/__/____

3. Are your names correctly stated on the Petition?YES/NO If not, what are your full names?

YYYYYYYYYYYYYYYYY.YYYYYYY..........................................

4. Do you intend to defend the claim?YES/NO If so you must file an Answer, Defence or Affidavit [see rule 76.11] within 28 days of the service of the Petition or other document commencing the proceedings on you, unless a longer time is permitted by an order or rule [see rule 76.8 - substituted service and rule 76.9 - service out of the jurisdiction]. 5.Do you admit to the whole of the claim? YES/NO

6. Do you admit any part of the claim?YES/NO

If you do please set out below the parts of the claim to which you admit:

(a)..(b) ..(c) ..(d) ..(e) .. 7. What is your address?..

8. What is your address for service?If you are acting in person you must give an address to which documents may be sent either from the other parties or from the court. You should also give your telephone number and fax number, if any.. Dated day of 20

Signed.........................................................[Respondent in Person][or][Respondents Attorney-at-law]

The Registry is at The Supreme Court, Public Buildings, King Street, Kingston, telephone numbers (876) 922-8300 9, fax (876) 967-0669. The office is open between 9:00 a.m. and 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays, except on PublicHolidays.


AFFIDAVIT ACCOMPANYING PETITION FORM MP 4 (Rule 76.4(9))

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO.M

BETWEEN LINDSAY PARKES PETITIONER


I, Lindsay Parkes being duly sworn, make oath and say as follows:

1. I reside and have my true place of abode and postal address at Upper Mansfield Park in the parish of Saint Andrew and I am a Pharmacist and I am the Petitioner.

2. The following are the particulars of the arrangements for the care, maintenance, education and upbringing of the relevant child.

A. Residence Our children Daniel Parkes and Marla Parkes live with my parents and I in a 2,500 square feet house with 5 bedroom and 3 bathroom in upper Mansfield Park in the parish of Saint Andrew.

B.Education Daniel Parkes and Marla Parkes both attends Saint Lukes Basic School in the parish which is in close proximity to where we live. However both children will be moving to Saint Lukes Preparatory School when they attain the age of six years which is also in close proximity to where we live.

Both myself and the Respondent agreed and intends on financing the education of both children up to the tertiary level.Both children also attend St. Lukes Anglican Church in the parish of Saint Andrew with my parents.

C. Financial Provision Both myself Respondent bears the cost for the maintenance of the children. The Respondent contributed USD 300 monthly towards maintenance of myself and the two children D. Custody and Access

It was agreed between the respondent and myself that I would have full custody of our children.. E. Health

Daniel Parkes suffers from asthma which is controlled by the use of an inhaler and attached hereto is the a medical certificate in exhibit LP1 Marla Parkes however is in very good health. 3. Neither child suffers from any disabilities.

SWORN by the said Lindsay Parkes )at _______________________________ ) this 8th day of January 2015 ) Lindsay Parkes before me: )_______________________ Justice of the Peace for the parish of Saint Andrew


(ii) In order to bring the dissolution proceedings to Marks attention, firstly, an application for substituted service will have to be made, in accordance with Rule 76.8 of the Civil Procedure Rules, since his exact whereabouts in the United States is unknown. The application for substituted service will be made by notice of application for court orders which is Form 7 in the CPR and it is a without notice application. The application is to seek the courts permission to dispense with personal service for another form of service.

Secondly, an affidavit should also be drafted to accompany the notice of application. This affidavit must set out the reason for seeking to adopt a form of service other than personal service; the reasons no attempt was made to effect personal service, which in this case is based on the fact that the Respondent whereabouts is unknown to the Petitioner. The affidavit it must also show the reasons for believing that the purposed method of service is likely to cause the document to come to the attention of the person to be served, which is the fact that Rachel Parkes knows the Respondent whereabouts and she communicates with him at least on a monthly basis. Thirdly, a draft order should be prepared outlining the orders which the Petitioner anticipates, will be granted by the Court. Fourthly, all three documents (Notice of Application, Draft Order and Affidavit) are to be filed in the Supreme Court.

After filing the three documents in the Supreme Court, if the application is granted, the order granted by the court should be served on Rachel Parkes along with the three documents (Petition, Affidavit Accompanying Petition and an Acknowledgement of Service), which ought to be served on the Respondent.

Finally, the Petitioner must then draft and file an affidavit of service as evidence that service has been effected.

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