39. What is the procedure to enforce unpaid child maintenance?
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.
38. My child's mother/father does not support the child how can I get the court to help me?
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.
37. Do I need to have a police report to apply for a protection Order and is there a cost?
There is no need to have a police report when applying for a Protection Order and there is no cost.
36. What is the procedure for applying for a protection order?
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)
35. Is there a difference between a Protection Order and a Restraining Order?
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.
34. I wish to discontinue a matter that I brought before the Court. What do I do?
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.
33. What is a Formal Order? How long is it valid?
A Formal Order is a legal document outlining an order made by the court which is signed and sealed with the Court's seal.
32. What is a Commitment Summons?
A Commitment Summons is the same as the Judgments Summons. It is a document that is issued as a means of enquiring into the means of the Defendant. A Judgment Summons has a lifetime of one year.
31. What is a Judgment Summons? How long is it valid?
A Judgment Summons is the same as the Commitment Summons. It is a document that is issued as a means of enquiring into the means of the Defendant. A Judgment Summons has a lifetime of one year.
30. If the Landlord lives in one Parish and the rented property is located in another parish, which Parish Court do I go to have the matter placed before the Court?
The Landlord may apply to the Court for Recovery of Possession and Arrears of Rent in the said parish that the property is located because that is where jurisdiction lies.