You are here
Frequently Asked Questions
A Formal Order is a legal document outlining an order made by the court which is signed and sealed with the Court's seal.
A person who wishes to discontinue a matter before the Court may attend Court on the scheduled date and inform the court of his or her decision not to proceed. The Court may make certain enquiries and if it is satisfied the request may be granted.
There is a difference between a Protection Order and a Restraining Order. Pursuant to the Domestic Violence Act, a Protection Order is an Order made by the court to prohibit someone who is abusive either verbally, emotionally or physically, from entering or remaining in a particular household residence, place of work, place of education or any particular place that could affect a prescribed person. While a Restraining Order is an Order made by the court to prohibit an individual from carrying out a particular action.
Pursuant to Section 3 of the Domestic Violence Act the Court may, on application, grant a protection order or occupation order.
An application for any of these orders may be made-
(a) by the spouse or parent in respect of whom the alleged conduct has been, or is likely to be, engaged in by the respondent;
(b)
where the alleged conduct is used or threatened against a child or dependent by-
(i)
a person with whom the child or dependent normally resides or resides on a regular basis;
(ii)
a parent or guardian of the child or dependent;
(iii)
a dependent who is not mentally disabled;
(iv)
a person who is approved' by the Minister responsible for social welfare to carry out social welfare work; or
(v)
a Constable;
(c)
by a person who is a member of the respondent's household or who is in a visiting relationship with the respondent, in respect of the alleged conduct engaged in or threatened by the respondent toward that person.
There is no need to have a police report when applying for a Protection Order and there is no cost.
An application for Maintenance may be pursued at the Parish Court against any parent who has refused to support their child. The applicant may attend the court's office with the child's' birth certificate as well as a copy of a government issued identification, i.e. Passport or Driver’s License or National Identification and Taxpayer Registration Number (TRN) to pursue this action.
In order to enforce unpaid child maintenance, the person to whom moneys should be paid may attend the court's office and file an application for disobedience of maintenance. This application can be done only if the Court made an order that the maintenance money should be paid directly to the applicant or the applicant's bank account. The applicant must also be in a position to inform the court's office of the outstanding period for which moneys are outstanding.
On the other hand, if the Court made a Collecting Officer's Order, then the accountant may issue a Warrant of Distress at the expiration of four (4) weeks and when the warrant has been returned if the Respondent still does not comply by paying the outstanding sums, the accountant may then issue a Warrant of Arrest.
Guardian in relation to a child means a person appointed by deed or will or by a court of competent jurisdiction, to be his guardian.
Pursuant to Section 4 of the Children (Guardianship and Custody) Act
The father of a child may by deed or will appoint any person to be guardian of the child after his death.
The mother of a child may by deed or will appoint any person to be guardian of the child after her death.
Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the child so long as the mother or father remains alive unless the mother or father objects to his so acting.
.If the mother or father so objects, or if the guardian so appointed as aforesaid considers that the mother or father is unfit to have the custody of the child, the guardian may apply to the Court, and the Court may either refuse to make any order (in which case the mother or father shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the mother or father, or that he shall be sole guardian of the child, and in the latter case may make such order regarding the custody of the child and the right of access thereto of its mother or father as, having regard to the welfare of the child the Court may think fit, and may further order that the mother or father shall pay to the guardian towards the maintenance of the child such weekly or other periodical sum as, having regard to the means of the mother or father, the Court may consider reasonable.
Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly.
If under section 3 a guardian has been appointed by the Court to act jointly with the surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the surviving parent.
Pursuant to Section 7(1) of the Children (Guardianship And Custody) Act The Court may, upon the application of the father or mother of a child, make such order as it may think fit regarding the custody of such child and the right of access thereto of either parent, having regard to the welfare of the child, and to the conduct of the parents, and to the wishes as well of the mother as of the father, and may alter, vary, or discharge such order on the application of either parent, or, after the death of either parent, of any guardian under this Act; and in every case may make such order respecting costs as it may think just.
Pages
Search
Covid-19
Emergency Matters
Matrimonial Proceedings
Customer Service
Strategic Plan
