Re Cano (an Infant)

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Dickson, C.J.
• Judgment Date: 21 August 1973
• Docket Number: Civil Action No. 95/73
• Date: 21 August 1973

Supreme Court

Dickson, C.J.

Civil Action No. 95/73

Re Cano (an Infant)

Family Law - Children — Custody —

Facts: Application by mother for order of custody of son — Son left in care of respondent — Mother resident in United States — Infant was in care of respondent for 14 years of his life except brief period of some 4 to 6 weeks — Infant intimated to court his wish to remain with respondent

Held: Welfare of infant of paramount importance — Other considerations — Application Refused.

JUDGMENT:

1 This is an application by Mrs. Maria Melendez of 24 East 103 Street, New York City, New York, United States of America, but now temporarily residing at 61 George Street, Belize City, Belize, for an order that her child NERI FELIPE CANO (hereinafter referred to as the infant) be delivered to her custody. The respondent is Mrs. JOSEPHINA MARTINEZ of No. 66 Freetown Road, Belize City, Belize.

2 Mr. D. Lindo and Mr. S. Musa both of Counsel, appear for the respective parties. During the hearing of this application the affidavits filed by the parties were referred to.

3 The applicant was married to one Reuben Cano at Belize City, on 16th August, 1958. The infant, the only child of the said marriage, was born at Belize City on 26th May, 1959. The respondent was a close friend and neighbour of the applicant, and at the time of birth of the infant, the latter was living apart and separated from her husband. After the infant was born, the applicant told the respondent that she can have the baby, because she does not want him, and she knows that she will cherish him as her son. The respondent invited the applicant to stay at the former's home; and about 30th May, 1959 the infant and his mother began to reside at the respondent's home. It was then the infant was directly brought under the care of the respondent with the consent of the latter's husband. When the infant was about 4 weeks old, the applicant departed for Mexico and sometime in April 1961 returned. The infant was not taken to Mexico. On 1st December the applicant again left the country and went to reside in the United States of America. The infant continued to be in the care and custody of the respondent. On 26th April 1969, the applicant's marriage with Reuben Cano was dissolved by order of the First Civil Court of the District of Bravos, in the Republic of Mexico. In those proceedings, the custody of the infant was granted to the applicant. Doubtless this order was made in the applicant's favour vis a vis her husband.

4 In August 1969, when the infant was 10 years old, the applicant returned to Belize City and requested the return of the infant. The respondent and her husband quite understandably reluctantly agreed to return the infant to the applicant. In her affidavit, the respondent says that they parted with the infant, in order to give the applicant an opportunity of proving her motherly love for the infant. The Court gathers from the respondent's affidavit and has not reason to disbelieve it, that when the infant left her home on a night in September 1969, it was a sorrowful occasion; and that there were much cries and protests from him as she put it. Here, I might pause to say, that it is not surprising, for it must have been an emotional upset to him, when it is borne in mind that up to then, the infant had spent all the 10 years of his life with the respondent and her husband. The matter does not end there, for on or about 7th October 1969, the infant came running to the respondent's and her husband's grocery shop at 66 Freetown Road, Belize City, and told them that he had ran away from the applicant. The infant pleaded with the respondent's...