20. Can I enforce child maintenance overseas?
Pursuant to Section 12 of the Maintenance Orders (Facilities for Enforcement), Where before or after the 1st day of July, 1988-
(a) a court in Jamaica has made a maintenance order against a person; and
(b) it is proved to the court that such person is resident in a reciprocating state,
the court shall, upon the request of the payee, send a certified copy of the order to the Minister for transmission through the appropriate authority to the appropriate court in that state for registration and enforcement.
19. Who can file for child maintenance?
Pursuant to Section 12 of the Maintenance Act, an application for maintenance of a dependent may be made to the Court by the dependent or, in the case of a dependent referred to in section 8(1) (a) or (b) of the said Act which is the parent's unmarried child who is a minor or in need of such maintenance, by reason of physical or mental infirmity or disability.
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.
18. What is meant by access to Information?
Access to information is an individual's right to obtain and use information collected or generated by others. It is also important to note that the Access to Information Act does not apply to Court files unless it is a matter of an administrative nature. Please see section 5(7) of the Access to Information Act.
17. Can I sit in and listen to Children Court matter?
Children Court matters are dealt with 'in camera' or privately pursuant to Section 43
16. Who is allowed to sit and listen to matters in Court?
Most court matters are open to the public, these matters include traffic violations, civil cases and some criminal cases. However, there are 'in camera' matters which are of a sensitive nature and not everyone is allowed to sit and listen to these. These matters are usually of a sexual nature or gun offences.
15. Who is eligible to apply for a Court document?
If a person is a party to an action that is before the Court and is desirous of obtaining copies of documents on the file then such a person can make a request in writing and submit it to the court's office. The person making such a request will be required to pay for said copies.
14. Can anyone request a court document?
Not anyone can request a Court document.
13. How does the Court decide how much I pay for maintenance? What if I am not able to pay the sum ordered for Maintenance?
Pursuant to Section 14(4) of the Maintenance Act in determining the amount and duration of support, the Court shall consider all the circumstances of the parties including the matters specified in sections 5(2), 9(2) or 10(2),
5 (2) In determining the amount and duration of support to be given, to a spouse under a maintenance order, the Court shall have regard to the following matters in addition to the matters specified in section 14(4)-
(a) the length of time of the marriage or cohabitation;
12. Does the Court have the ultimate decision in my maintenance matter?
Pursuant to Section 11 of the Maintenance Act, A Court may, on application by or on behalf of a dependent, order the respondent named in the application to maintain that dependent in making such an order, the Court shall, where the order is a monetary order, determine the amount to be paid thereunder.
11. Can I see a copy of my original birth certificate and my biological parent’s information after being adopted?
It should be noted that once a child has been adopted their former identity is no longer admissible and their former birth record is sealed.