Language barrier
50.English is not the first language of either party, although they both speak it very well. Both gave evidence to me in English without interpreters. I accept that the fact that English is not their first language means I must take great care in assessing the evidence of both spouses. Processing information provided in a foreign language may put the participant at a disadvantage. I must guard against the very real possibility that questions or answers or both are misunderstood or, at the least, nuances and shades of different meaning are lost in the process.
- JUDGMENT
- The relevant history
- Pierburg v Pierburg
- Z v Z
- The law I have to apply
- Rogers-Headicar v Headicar
- Marinos v Marinos
- V v V
- Pierburg
- IB v FA
- Burden and standard of proof
- Language barrier
- Lucas
- Marinos
- Discretionary stay
- de Dampierre v de Dampierre
- S v S
- C v C
- Ella v Ella
- Tan v Choy
- Otobo v Otobo
- The evidence that I heard
- My conclusions on habitual residence
- Stay