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Vanuatu Consolidated Legislation - 1988 |
Commencement: 6 May 1966
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 46
MAINTENANCE OF CHILDREN
JR 13 of 1966
JR 8 of 1967
JR 9 of 1970
ARRANGEMENT OF SECTIONS
SECTION
PART 1
Maintenance Proceedings
6. Duration of orders
7. Duty of father to notify change of address
PART II
Enforcement of Maintenance Orders
9. Court to pay money received to dependent
11. Money deducted deemed held for dependent
SCHEDULE-Notice
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MAINTENANCE OF CHILDREN
To provide for the maintenance of natural children.
PART I
MAINTENANCE PROCEEDINGS
COMMENCEMENT OF MAINTENANCE PROCEEDINGS
(a) was unmarried; or
(b) who but for the provision of section 6 of the Control of Marriage Act, Cap. 45 would have been lawfully married;
is delivered of a child, may apply to the Magistrate's Court for the District in which she then resides for an order against the man alleged to be the father of the said child that he do pay to her such sum as may be sufficient for the maintenance and upbringing of the child:
Provided that where a woman is under the age of 21 years, such application may be made by her parents or the persons having effective charge of her, or, if one of them is dead or is unwilling or unable to make the application, by the other.
APPLICATION FOR ORDER
2. An application under section 1 may be made -
(a) at any time within 12 months from the child's birth; or
(b) at any subsequent time upon proof that the man alleged to be the father of the child has within the 12 months next after the birth provided for or contributed to its maintenance and upbringing and there is reason to believe that he did so to fulfil his paternal obligations.
RECEPTION OF ACTIONS
3. A cause of action shall only lie if there is evidence to the fact -
(a) that during the normal period of conception (which expression shall for the purposes of this Act mean from the 300th to the 180th day before birth) there was an offer of marriage; or
(b) that during the same period the parties lived together as husband and wife; or
(c) that the man alleged to be the father of the child had at some time provided for or contributed to its maintenance and upbringing in a paternal capacity; or
(d) that the man alleged to be the father admitted the paternity of the child.
CAUSE OF ACTION WILL NOT LIE IN CERTAIN CASES
(a) that during the normal period of conception the mother was of notorious loose behaviour;
(b) that during the said period the said mother had sexual intercourse with another man:
Provided that an action shall lie if there is evidence that the said other man is not the father; or
(c) that during the said period the alleged father was physically incapable of being the father of the child.
POWERS OF COURT
(a) a sum of money or its equal in kind not exceeding the equivalent of VT1,000 weekly for the maintenance and upbringing of the child to be paid periodically as the said court shall decide but in no case more than yearly;
(b) the expenses incidental to the birth of the child.
(2) The power to make an order under this section shall include a power to vary the same on the application of either of the parties thereto.
(3) Any person against whom an order has been made who fails to make the payments therein ordered to be made shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT1,500 and in the case of a second or subsequent conviction during a period of 5 years from the date of the first conviction to a term of imprisonment not exceeding 3 months.
DURATION OF ORDERS
DUTY OF FATHER TO NOTIFY CHANGE OF ADDRESS
(2) Any person who fails without reasonable excuse to give a notice which is required by this section, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT1,000.
PART II
ENFORCEMENT OF MAINTENANCE ORDERS
NOTICE MAY BE ISSUED REQUIRING PERSON HOLDING MONEY FOR DEFAULTER UNDER MAINTENANCE TO PAY IT TO COURT
COURT TO PAY MONEY RECEIVED TO DEPENDENT
PERSON COMPLYING WITH NOTICE TO BE INDEMNIFIED
MONEY DEDUCTED DEEMED HELD FOR DEPENDANT
PROCEDURE WHEN PERSON IS UNABLE TO COMPLY WITH NOTICE AND WHEN DEFENDANT LEAVES HIS EMPLOYMENT
OFFENCES AND PENALTIES
(a) fails to comply with the provisions thereof; or
(b) fails to notify the court within the period prescribed by section 12 that he or it is unable to comply therewith and to provide a full and true account of the reasons therefor; or
(c) fails to notify the court within 14 days that a defendant has left his or its employment;
shall be guilty of an offence and shall on conviction thereof be liable to a fine not exceeding VT15,000.
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SCHEDULE
(section 8)
NOTICE
Maintenance of Children Act, Cap. 46
To: ..................................................................................................................
WHEREAS by a judgment of the Court held at ............................................................. on the ......................... day of ............................................... 19 ............. an order was made under section 5 of the Maintenance of Children Act, Cap. 46 against ............................................ in favour of ........................................................ for the payment of .............................. per .................................................................
AND WHEREAS payments under the said order are in default for more than 14 days after the due date for the payment thereof, to the extent of ...............................................................................................................................
AND WHEREAS information has been received by the said Court that moneys, namely .................................................. being for .............................. are due or are become due and payable by you to the said ................................... the defendant under the said order on the following date or dates within the period of 12 months next following the date of this notice namely ..................................................
TAKE NOTICE THAT YOU ARE HEREBY REQUIRED to deduct the following sum or sums .............................. from the said moneys due or become due and payable to the above named defendant.
AND to send them forthwith and in no case later than 7 days from the date of each such deduction to the said Court at ............................................................... for the credit of the above named ........................................ the beneficiary under the said order.
Note:
(i) This notice is issued to you under the powers conferred by section 8 of the Maintenance of Children Act, Cap. 46.
(ii) You are protected and indemnified in making the deduction or deductions by section 10 of the said Act.
(iii) If you claim to be unable to comply with this notice by reason of the fact that the moneys specified will not come into your possession or be due by you to the defendant, you must notify the Court at ........................................................................................ in writing within 14 days of the period named, setting out a true and full account of the facts by reason of which you claim to be unable to comply with this notice.
(iv) If the above named defendant is in your employment, you must notify the said Court in writing if he shall leave the employment, during the currency of this notice, within 14 days.
(v) The obligations set out herein are compulsory and breach thereof is punishable by a fine of up to VT10,000 for each offence.
Dated at ....................... this .................... day of ....................... 19 ..........
_______________________
Seal of the Court
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