Custody and Maintenance at the Magistrate’s Court
A look inside T&T’s District Courts
In the ambit of Family Law, several applications can be made at the Magistrate Court level. In this article, we will look at Custody and Maintenance Applications. In Trinidad and Tobago, this area of law is governed primarily by the Family Law (Guardianship of Minors,Domicile and Maintenance) Act Chapter 46:08 (“the Act’’). The paramount consideration for the court in determining matters concerning the custody and maintenance of a minor is the welfare of the minor. This is often referred to as the welfare principle.
Custody Application
According to Section 2 of the Act, custody means “the right to possession and care of a minor”. After the breakdown of a non-marital relationship disputes may arise concerning access to the child. Often times the father may complain that the mother is withholding access to the child while the mother may complain that the father drops off the child too late. The court is best positioned to grant an order which would formalize custody arrangements for the child in question.
In this jurisdiction, there is no such thing as “joint custody” as obtains in the American legal system but rather custody of the child is granted to one parent while the other parent is granted access to the child.
According to section 13 (1) of the Act
“The Court may on the application of the father or mother of the minor or of a stranger make such order regarding:
(a) the legal custody of the minor
(b) the right of access to the minor of the applicant or any other person,
as the Court thinks fit having regard to the welfare of the minor and to the conduct and wishes of the mother or father or of the stranger”.
A typical custody order would state that one parent would have custody whilst the other parent would have access on alternate weekends and for half of the school vacation. In instances where the relationship between the parents is particularly volatile, the court may order that parties pick up and drop off the child at a public place or at a police station.
Before making a final order, the court would usually grant an interim or temporary order pending the report from the probation officer about the living conditions of each parent. This report would aid the court in determining what should be the final order.
Maintenance
The Act also provides for an application to be made to the District Court for the maintenance of minor children. The effect of Section 13 (2) of the Act is that when the court is determining an application for custody of a minor child it can also order the party who has been granted access to pay maintenance to the party who has been granted custody by means of periodic payments. This sum of money is normally to be paid into the court office on a weekly basis. With the advent of CourtPay, persons are now required to utilize that platform in order to make the necessary periodic payments.
Disclaimer: This article is written for informational purposes only and should not be construed as legal advice or as giving rise to an attorney-client relationship.
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