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44. Can I take my adult children to Court for Maintenance?

This application may also be pursued by a parent of the dependent or any other person who has the care and custody of the dependent.

 

Where a local authority or other Government agency is providing assistance in respect of the maintenance of a dependent; or an application for such assistance has been made to the local authority or other Government agency by or on behalf of the dependent, an application for a maintenance order may be made to the Court by the local authority or other Government agency.

43. As an adult can I take my father to Court for Maintenance?

This application may also be pursued by a parent of the dependent or any other person who has the care and custody of the dependent.

 

Where a local authority or other Government agency is providing assistance in respect of the maintenance of a dependent; or an application for such assistance has been made to the local authority or other Government agency by or on behalf of the dependent, an application for a maintenance order may be made to the Court by the local authority or other Government agency.

42. What is the procedure for applying for sole custody of a child and who can do so?

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 respe

40. What is Legal Guardianship?

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. 

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.

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)   

a person with whom the child or dependent normally resides or resides on a regular basis;

(ii)   

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.

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