Navigating the complexities of family law, especially when it comes to securing access to one's child, can be a daunting task for many parents. In Trinidad and Tobago, the legal framework governing child custody and access is designed with the child's best interest as the paramount consideration. This article provides a comprehensive guide for parents seeking to understand and navigate the process of securing access to their children within the jurisdiction of Trinidad and Tobago.
Understanding Child Access
Child access pertains to the right of a non-custodial parent to spend time with their child. The laws of Trinidad and Tobago emphasize that both parents have equal rights and responsibilities towards their child, regardless of the child's living arrangements. The Legal Framework The primary legislation governing child access in Trinidad and Tobago is the Family Law (Guardianship of Minors, Domicile and Maintenance) Act Chapter 46:08, along with the Children Act Chapter 46:01. These laws underscore the importance of ensuring that decisions regarding child access arrangements are made in the best interests of the child. Where do you make an application for access? The Family Court system in Trinidad and Tobago comprises of the Magistrate's Court and the High Court Divisions. An application for access can be at both divisions. All divorces are dealt with in the High Court. Where child access is an issue in a divorce it is easier to have it dealt with as part of the divorce proceedings or as a related matter in the High Court. 
Filing the Application for Access
The process begins with filing an application for access in court. Applying for access in the High Court (Family Division) If the application is made in the High Court Family Division then the applicant must fill out a document called a "Form 10: Application Relating to Child(ren)." A document called an affidavit must be presented with this Form 10. An affidavit is a signed and sworn document which contains reasons and attached evidence to support your application for access. An attorney often drafts, prepares and files these documents on behalf of the applicant. Once the application is filed, soon after the court sets a date of hearing for the matter and the judge to whom the matter is assigned. The court Marshall then serves the application including the date of the court hearing on the other parent (the Respondent) who's address and contact information should be included in the filed application. Applying for access in the Magistrate's Court If you aren't yet divorced or if you were never married, a parent can apply for access through the Magistrate's Court. It should be noted that when applying at the Magistrates' Court, the person applying must do so in their magisterial districts which is based on where he/she lives. You can determine your Magisterial District HERE. Persons living in the district of St George West (Chaguaramas to Mt Lambert) can go to the Family Court in Port-of-Spain. All other persons must go to the Magistrates' Court in their area. For example, if you live in the Chaguanas area, then the application for access should be made at the Chaguanas Magistrates' Court. The process is done by making a plea (request) before a Justice of the Peace or Clerk of the Peace at the Magistrates' Court in your district. You should walk with:
The plea contains reasons why you should be granted access and there is documentation which is necessary. The child’s birth certificate, the parent’s valid form of identification and if you are married, a marriage certificate. Also, the respondent’s address (the person you want to serve which is usually the other parent) and your address. If you are not a parent, you must show that you have sufficient interest in the child and provide the forms of identification which apply to you. If the Justice of the Peace finds that you have good reasons to make the application then you are directed to do so. There is a standard form which is given to you at the Magistrates’ Court which you must complete. After, you take the completed form to the counter clerk in the Magistrates’ Court and pay the application fee for the application to be processed. Each application per child costs $3.00TT. After the application is made, a date is fixed for court to appear before a Magistrate usually 4 to 6 weeks after making the application. A summons is also made out in the name of the respondent (that is, the parent or person who has the child). The parent making the application must take the summons to the summons officer in the police station nearest to which the respondent lives. It is the person making the application's responsibility to ensure that the summons is served on the respondent. The parent making the application should provide the summons officer with the respondent’s proper address, and also make periodic checks with the officer to see that the summons has been served. Once the summons has been served, the officer who delivered the summons signs a return of service form which is included in the court’s file for the matter. If on the date that the matter has been assigned, the matter is called, and the summons has not yet been served, then the matter will be adjourned until the respondent has been served with the summons. 
What happens during the court matter?
During the court hearings, both parents are entitled to legal representation, allowing attorneys to advocate on their behalf and articulate their respective interests and stances on the issue at hand. When the matter is called, and all the persons concerned are present, the court will ask whether the application is contested by the other parent (does the other parent agree or disagree with the access arrangements you are seeking). If it is uncontested, the court will proceed to deal with the matter immediately. The court will grant the access arrangements you are seeking, if it thinks it fit, having regard to the welfare and the best interests of the child. The welfare of the child is the first and most important consideration above all others. Where the application for access is contested, the court usually makes a temporary order for access to the child in terms that the court thinks fit, until the final determination of the matter. Court Mediation: Often, the court may recommend mediation and co-parenting counselling for the parties as a first step to reaching a final determination of the matter. Mediation is a constructive approach to resolving disputes where a neutral third party helps the parents reach an agreement that benefits the child. Trial: If mediation does not result in an agreement, the matter proceeds to additional court hearings and eventually trial. The court may request reports from social workers or psychologists to assess the child's needs, the parental bond, and any factors that might affect the child's welfare. Court Order: Based on the evidence and reports presented, the court will make a decision on the access arrangement. The order will specify the frequency, duration, and conditions of access by the non-custodial parent. The court considers several factors when determining access arrangements, including but not limited to:
If the custodial parent refuses to comply with a court-ordered access arrangement, the non-custodial parent can file an application for contempt of court. The court possesses a range of mechanisms to enforce compliance, which includes the imposition of penalties such as imprisonment, levying fines for non-compliance with the order, mandating the defiant party to cover legal expenses, or amending the current order to better enable access. These measures underscore the court's commitment to upholding the law and ensuring that access agreements are respected, ultimately serving the child's best interests. Conclusion Securing access to one's child in Trinidad and Tobago involves a legal process centered around the child's well-being. It is advisable for parents to approach this process with a collaborative mindset, focusing on the best interests of the child. Engaging a legal professional who specializes in family law can provide invaluable guidance and representation throughout this process, ensuring that one's parental rights are effectively exercised in accordance with the laws of Trinidad and Tobago. Important Notice: This post does not constitute legal advice. Always consult with an attorney on any legal problem or issue. This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago. Click HERE to receive updates straight to your inbox by subscribing to our newsletter.
1 Comment
Ashoke Jaisinghani
26/3/2024 03:52:58 pm
Just to be updated with the law Leave a Reply. |
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