Re Briceno, Vanessa Lileth (an Infant)

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, J.
• Judgment Date: 15 May 1981
• Docket Number: No. 114 of 1981
• Date: 15 May 1981

Supreme Court

Moe, J.

No. 114 of 1981

Re: Briceno, Vanessa Lileth (an Infant)

Mr. M. Sosa for the applicant

Mr. V.H. Courtenay, S.C. and Mr. P. Zuniga for the respondent

Family law - Custody — Infant — Infant born out of wedlock — Applicant claimed respondent unlawfully detained the child — Whether the respondent was entitled to custody — Section 3 of the Status of Children Ordinance, No. 32 of 1980 — Section 9(2) of the Infants Ordinance Cap. 186 — Finding that the issue was not determined simply on the fact that the respondent is the father of the child born out of wedlock.

Moe, J.

1 An application was made by one Ramona Coy, a housewife, for a writ of habeas corpus ad subjiciendum to issue directed to Eligio Briceño (hereafter referred to as “the respondent”) to have the body of Vanessa Lileth Briceño before a judge in chambers and in the affidavit filed in support she showed that she is the mother of a child born to her on the 18th March, 1980 and that the respondent, a married man, is the father. The applicant further showed that the infant was in her care and custody from birth until the 26th day of March, 1981 on which day she handed the infant over to the respondent for the purpose of taking the infant for a short drive and immediate return to her, the applicant. The respondent has failed up to date to return the infant. The applicant claims that the detention of the infant by the Respondent is unlawful and that she is entitled to custody of the infant.

2 The application was adjourned and notice thereof was served on the respondent. He filed an affidavit also showing that he is the father of the infant, but further that he has acknowledged paternity. The respondent, however, has submitted that the court does not have jurisdiction to proceed in this matter.

3 The respondent has contended that the remedy sought herein is a remedy properly pursued where detention of a person is wrongful or...