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Sunday 5 February 2012

Joint Child Custody or Contact

Q: My wife does not want me to see my son, what can I do?




A: In my opinion, Joint Custody is best for the child to know both parents, so the following information is tailored towards that opinion.

The law governing applications for custody of children under the age of 18 years, in the Magistrates’ Court, can be found in the Family Law (Guardianship of Minors, Domicile and Maintenance) Act 1981.

By making an application for custody of a child, a person is applying for the right to possession and care of the minor, including:

the right of physical control over the child;

the right to discipline the child;

the right to control the education of the child;

the right to protect the child; and

the right to make medical decisions affecting the child.

According to Section 4, both father and mother have EQUAL rights, so here's the process.


Who can make an application?

A father or mother of a child can apply for custody, regardless of whether the parents are married to each other.

Any other person, not being a parent of the child who the court thinks has a sufficient interest in the child, for example, relatives such as grandparents, aunts, or older siblings, can also apply.


How to make the application?

(1) Make a plea before a Justice of the Peace or a Clerk of the Peace at the Magistrates’ Court in your district.

A plea concerning the reasons why you should be granted legal custody is done in an interview between you and the Justice of the Peace.

In the interview, you need to show that you are the child’s parent, if this is the case, and you must take with you proof of this. The child’s birth certificate can prove this. If you are not a parent, you must establish that you have a sufficient interest in the child.

On the basis of your plea, and the interview, the Justice of the Peace has to determine if you have sufficient grounds to make the application.

If the Justice or Clerk of the Peace finds that you have grounds to make the application, you are then directed to do so.

The application is made by completing a standard form for both married and unmarried people, which is given to you at the Magistrates’ court. You then take the completed form to the process or counter clerks to pay an application fee, and have the application processed.

If the child's parents are married, the fee is a standard three dollars (TTD$300), irrespective of how many children the application is being made for.

If the child's parents are not married, the fee is three dollars (TTD$300) for each child being applied for.

After the application is made, a court date and a summons is made out in the name of the parent or person to be excluded from custody.

You must take the summons to the summons officer in the police station nearest to which this person lives. It is your responsibility to ensure that the summons is served on the person.

You should provide the summons officer with the person’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 your matter.

If on the date that the matter has been assigned, the matter is called, and the summons has not yet been served (which will appear from the absence of the return of service form), then the matter will be adjourned until the person is served with the summons.


What happens when the matter is called?

When the matter is called, and you and all the other persons concerned are present, the court will ask whether the application is contested by the other parent (does the other parent agree or disagree to custody application). If it is uncontested, the court will proceed to deal with the matter immediately.

The court will grant custody of a child, 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

On granting custody to the applicant, the court will usually grant a right of access to the child to the other parent or person(s), and may then go on to make an order requiring that the parent or person(s) excluded from custody pay to the parent granted custody, periodic payments for the maintenance of the child.

Where the application for custody is contested, the court usually makes a temporary order for custody of the child, until the final determination of the matter.

221 comments:

  1. I am a single mother, have raised my daughter without the active involvement of her father for many years, he would pay maintenance to me in between and recently I brought him up in court for Maintenance, after he requested a paternity test and got positive results a temporary order was put in place, he had not complied and is now threatening to file for joint custody since he says he wants her for the entire wknd and for half the vacation periods.

    ReplyDelete
  2. my ex common law and i share a child i have allowed him to see him when he wants he does not see him on the weekend so as to "prevent" me from going outthe few times i asked him to sit he just never showed up i have now limited the access in that he cannot just drop in whenever he wants he has gone to the police who told him he has a right to take the child an threatens to do so i have asked him to come up with a reasonable schedule but he insists to be difficult and reminds me that he can just come and take the child someone please help

    ReplyDelete
    Replies
    1. File for custody and let the courts decide who gets the child at what times.

      Delete
    2. My ex husband was given custody of my daughter because I live abroad.My daughter is now 17 and no longer wants to live with him. What are my rights?

      Delete
  3. This comment has been removed by a blog administrator.

    ReplyDelete
  4. Hello,

    I've been a single parent for 16 years now. My daughter's birth certificate does not name her biological father and he has not tried to make contact with his child since birth ie. through no fault of mine. I would like to migrate with my child, however, I have no idea as to where in the world her biological father is in order for him to approve the form. What is the easiest course of legal action to take regards satifying the authorities that my daughter should be allowed to migrate with me? Would some sort of affidavit suffice?

    ReplyDelete
  5. i have a 4 year old daughter to which i have no say in her life, her father takes full control and he's trying to keep her away from me.. he said that if i ever try to take her away from him he'll kill me and my family, he has money so he says he can do watever he wants. i love my daughter, she's suffering i'm depressed and sometimes feel like dying. i need help!

    ReplyDelete
  6. My wife has passed away and we have a son together. My son and my brother are very close and I want to share joint custody of my son with him. What to I need to do legally?

    ReplyDelete
  7. my son's father took me to court saying i denied him access which is far from the truth. a legal officer told me to file for legal(sole)custody as my son's father is very vindictive towards me and i feel he may try and flee with him. along with the custody he advised me to file for maintenance as well. i am now being told that the magistrate can still send my son to spend weekends with his father although i am not comfortable with them being alone. what else can i do?

    ReplyDelete
  8. at present my ex common law is 14 weeks arears for maintenance and hasnt paid his half of travelling school and extracuurcular activities since january 2011 the case is at arima magistrate court when it has been post poned for several reasons since then mainly his none appearance or the magistrates absence i have gotten a lawyer for the last three appearances hoping that it would help but it hasnt my next date is january 8 and i am hopingthe new year brings some kind of resolution i keep all my records and have everything documented but in the mean time i have a son in university and another writing SEA next year what can i do to encourage the magistrate to insist that he makes some kind of attempt at paying what is owed to his children
    can you offer me any advice please thank you

    ReplyDelete
  9. Hi I have a five year old son whose father has never showed any type of interest in him. That is until recently when his fathers mother requested a paternity test. Since then they are demanding that they(mainly his mother) get my son on weekends. They have threaten to take me to court for custody on one occasions if I don't comply with there request.I was advised to send him so I've sent him for one weekend already but I'm really not comfortable. I'm frighten, they are in a better financial situation than me I don't want to lose my son. I'm going to apply for full custody what are my chances?

    ReplyDelete
  10. What if one parent was given custody in the Magistrate Court and five (5) years after the other parent not given custody applies to the High Court for custody? Is this possible?

    ReplyDelete
  11. we are separated, the father wants full custody of our 3 year old son, who i have been taking care of for the past year, since the separation. Lawyers want to settle out of court, but i am not sure

    ReplyDelete
  12. hi let me first mention that this is great what you are doing, thank you.
    My situation is this, i share my three year old daughter with my ex- commonlaw wife, however owing to several fights and misunderstandings she through me out with this i stop assisting her with her rent for i now had to fit a rent myself, since she has moved on, i rearly see my daughter or speak with her as i like. she was advised to take out a protection order on me stating i threating to kill her i used intimidating language towards her the order was granted for 21 days.
    i was very careful to play my cards safe she then lied and told the police that i threatened her i was then arrested for 4 days went before the court plead not guilty, and with no prior convictions was given $15000 bail. with this towards my name she is filing for legal custody of our daughter, i live with my parents while she lives with her new boyfriend who sleeps there from time to time, we both have a good job, however given the situation do u think the court would give her custody?

    ReplyDelete
    Replies
    1. This area of law is very biased, so she will more than likely get custody, but don't just sit by and let it happen. My advice is to find a good Family Lawyer and FIGHT for your child.

      I know a few good Lawyers in P.O.S., so contact me if you need help finding a good one.

      Delete
  13. I am having a child with a non citizen of the country. Due to his having tried to commit suicide outside of the country after knowing about the pregnancy and his overall lack of concern for finances etc. We have parted ways. I would like to have full custody of the child in question, but I am scared he could stop the proceedure or take her away....what are my options??

    ReplyDelete
  14. Good day, I have care and control but we have joint custody of my two sons, 12 and 8. My ex-husband is constantly breaking the High Court orders, he keeps them longer than he should and I am constantly made to go to the police station to make reports. After I make the vacation schedules he always breaks them to suit him at the last minute. Last night at 10pm I received a text from him to check my email, when I did it was filled with insults and name calling and in the end he states that he would not be bringing the boys home on the scheduled day and time but the next day. I am tired of this nonsense from him. The last time he did this was Carnival Sunday when I then had to go up to the police station in the night and I didn't get my boys back til the next day at 4:30pm. His mom warned him that I was at the station and he hid the boys at his girlfriend's home and then they took the boys to the cinema Carnival Monday. Please is there any advice you can offer to me please?

    ReplyDelete
  15. I have two daughters ages 9 and 6 they live with me .there father spends no time with them at all it effect my oldest daughter really bad,she cry all the time and ask why daddy not calling,why he do not want use to come up again i keep on telling her i do not know.Q:CAN THE FAMILY COURT MAKE A PARENT SPEND TIME WITH HIS CHILD OR CHILDREN FOR THE BEST INTEREST OF THE CHILD OR CHILDREN.

    ReplyDelete
    Replies
    1. No, being a bad father is not a criminal offence. The court can force him to pay child support, but not spend time.

      Delete
  16. At what age can a parent file for sole or joint custody of a child? Is there a minimum age, below which 'custody' may be forgone for 'visitation' until the child is older? What are the odds of a father getting custody of a child younger than 6 months of age; in a case where the parents are not married or in cohabitation and the mother is unemployed?

    ReplyDelete
    Replies
    1. Custody and contact can be applied for at any age.

      There are no "odds". Each case is different. Is the father's name on the birth certificate? Is the father working? Would he have enough time to care for the child? Is the mother mentally disabled? Does she have the ability to raise the child properly?

      In family matters, the only way to win is to fight dirty. The father will have to show the mother in the worse light possible.

      Delete
  17. Good day....My question is - What can the father of a child do if the mother of the child is not following the court ordered visitation rights? (Also no one knows where she is now...she doesn't want anyone to know where she lives)

    ReplyDelete
    Replies
    1. Ask the court to hold her in contempt and force her to comply. Further failure to comply could result in a possible prison sentence.

      Delete
  18. Hi I have live abroad for the last 9yrs and returning home could I still collect back child support from my ex husband

    ReplyDelete
    Replies
    1. You can sue him for back child support IF there was a court order made AND only up to the age of 16.

      Delete
  19. I have lived with my children's father for the past six years. During that time he has seen about us financially for everything while I was in school. We are now separated and I would like to move out and take the children with me back to my parents; with the intention on allowing them to spend time with him on weekends and holidays that he isn't working.
    What will be the best solution legally for us with regards to the children.

    ReplyDelete
    Replies
    1. Petition the court to grant an order for contact during the times convenient for both parents.

      Delete
  20. I have been married to my husband for 12 years, we have an 11year old son and a 3 year old daughter. He is always working no time at home and when he's there he is drinking until he get drunk. Do you think he'll get custody of our children.

    ReplyDelete
  21. I have been taking care of my son since birth. His father has been a good father but I would kile to find out more about visiation etc since I plan on moving out soon. HE has threatened me today telling me that I will see how dread he can get as he tried to grab my son. I saw that as an eye opener an I got a very scary feeling. PLEASE LET ME KNOW WHERE I CAN GO TO GET ADVICE

    ReplyDelete
  22. hi i am a 27yr old father I hav 2 kids a 6yr old daughter and a 7month old son with my ex she stopped me from seeing them and she doesn't want me on their property she also changed her phone nos home phone cell phone and she leaved her job I usually buy my kids stuff and drop it off on work for her I find she is being ova spiteful wat can I do as a father to see and spend time with my kids I love them alot and I need to talk to my daughter because they telling all kinda stuff how she not hearing from me because their phone nos are changed please help

    ReplyDelete
    Replies
    1. Take her to court for custody. Send me a private e-mail.

      Delete
  23. Hi I am a teenage mother who recently gave birth to my son. My baby's daddy and I are in an on-again off-again relationship. One minute we are happy and things seem perfect, however, when we have any dispute, he doesn't want to take care of our son financially. Ironically, he wants to put me through court to get full custody of our son. I am currently unemployed but I have the support of my family to maintain my son. My son isn't registered as yet because he is less than one month old. I am interested in the rights that my boyfriend have towards our son
    My questions are:
    1. What rights does he have if he is not listed on the birth certificate?
    2. Can he get full custody of my son because I am unemployed?
    3. What actions can I take against him to have full custody of my son?
    4. Can he be denied custody because he doesn't want to take care of our son?

    Please educate me about the parental laws.... You can private message me because I have so many questions to ask...... Please contact me with information on bestplaym84life@hotmail.com

    ReplyDelete
    Replies
    1. If he has refused to maintain the child when there is a disagreement, he is unlikely to get full custody, even if you're unemployed; however, contact or joint-custody are options.


      You have to e-mail me, not the other way around.

      Delete
  24. Based on section (13) subsection (4) which states:
    "An order under subsection (1) or (2) may be varied or
    discharged by a subsequent order made on the application of either
    parent or after the death of either parent on the application of any
    guardian under this Act, or (before or after the death of either parent)
    on the application of any other person having the custody of the
    minor by virtue of an order under subsection (1)."
    Can the parent who was given custody by virtue of trial in the Magistrate Court five (5) years ago object to an application in the high court by the other parent who lost custody, as it states the application to vary or discharge can be made by the parent/person having custody of the minor by virtue of an order under subsection (1)?
    Taking also into consideration the parent that lost custody also did not file an appeal within the three (3)month period and is now making an application for custody five(5) years after. If not, does this mean one do not need to rush an appeal within the three (3) month period and can come back to the courts any time and make an application?

    ReplyDelete
    Replies
    1. I don't know where you got 3 months from, but according to section 47(2) it is 30 days.

      However, if it's not an appeal of the previous order, a parent can start new proceedings when their situation has changed and they believe that they have a better chance of getting custody.

      Delete
  25. Hi have a 1 year old daughter who has been going by her father since she was at least six-seven months old to spend three days, recently she began going every other week and I have observed that she cries anytime she has to go< she is always happy to see her dad but when she realizes she has to leave me she begins to cry or she gets upset and stop smiling, I also believe that moving back and fort so often isn't good for her state of being, may it be mental etc, I do not have a problem with her father coming and visit her but he only takes it upon himself to come only when he has to take her, if she doesn't have to go she wouldn't see him. I buy everything for her when she is by me and he buys for when she is by him. I fine the way she react very disturbing and ask him to lesson the times she goes down by him, and at the same time I am not denying him visitation etc, he doesn't seem to understand me and thinks I am trying to spite him or sabotage him. we had a previous family court visit for mediation because he believes I am not giving him enough time with her ( take into consideration how often i mention she goes by him above). I also believe the fact that she could barely speak and relate what is occurring by him that she does,t need to go so often but he is welcome to visit her or take her for d day, a night etc. what then shall I do? I am twenty one years old and employed and if he decides to carry this to court what can then happen?

    ReplyDelete
    Replies
    1. You cannot stop the father from wanting to have his child without a substantial reason.

      Delete
  26. hi good night i`m recently became a grandparent an was so over joy then suddenly in 1mth time my daughter in law became the worst person and started callin me names when she and her husband decided to separate,any way to make a long story short she took the baby and moved out and rented an apt with her divorced sister. she does want me and my husband to see the child which is nine mths now and my son is payin child support for her since she moved out and demanded that from him. she is using the child as she has the upper hand on us, we haven`t seen the child in like a month and she always telling the father she does want the child around us the grandparents. only she side family must be with the child/ this is our first grand. is their some sort of advice u can give us on this matter. does the father have any rights on the child

    ReplyDelete
    Replies
    1. Your son should ensure that custody is shared, so that you can see the child. I don't understand why he pays without even ensuring that his family is part of the child's life as well.

      Delete
  27. hi i am a father and i would like to no what is the least amount of money the court would require me to pay as maintenance of my 4 year old son. i usually give money to his mom but without getting anything in writing stating that im paying,if it reaches in court what is the procedure

    ReplyDelete
    Replies
    1. Only the Court decides that. There is no formula; everything's based on the specific circumstances of the parties involved.

      Delete
  28. my grand children ages 8yrs and 3yrs lives with my son and I at our home he and I are both employed at different government agencies. The mother is employ but on a contractual basis so we allow her to financially assist with education and clothing for the eight year old, all other expenses are met by my son and I.When ever the mother of the children and their father have a dispute she takes the children away with her and we are barred from being part of the children lives. they sleeps at (her)friends and family'S homes when-ever she works the 2 to 10 or 10 to 6 shifts. Please help me to be there for my grandchildren

    ReplyDelete
    Replies
    1. I'm assuming they're not married?

      The solution to this is simple; your son needs to file for custody, which he will most likely get because of the "status quo" doctrine. The mother will get contact, but that will only be for specified periods on specified days, so this "quasi-kidnapping" will end.

      I am willing to deal with this matter for you, so send me a private e-mail.

      Delete
  29. Hello,

    I have a daughter than is 14 months old and her mother and I were never married. We are not in a relationship anymore and does not want me to come at her house to see my child.She wants to drop her off only 2 days for the month at my house. This is not good enough for me. Please advise.

    ReplyDelete
    Replies
    1. You need to make an application for joint custody. Send me a private e-mail and we can set up an appointment to discuss your options.

      Delete
  30. How can I get my name on my daughter's birth certificate without her mother's permission? I've been granted access by family court and the mother doesn't deny that l'm the father.

    ReplyDelete
    Replies
    1. The only way to do it with or without her consent would be to make an application to the family court to have the name inserted.

      Delete
  31. hello i have a 1year daughter her father has his visitation rights but has havent come in over 3 months and want to put me back in court for joint custody...he's a drinker so is his people in his household i dont feel its safe for her there...what could i do?

    ReplyDelete
    Replies
    1. Come to us and we'll take the matter to court to have to order varied.

      Delete
  32. My custody case goes to trial this evening in Family Court. The Magistrate has postponed this case 3 times because she was unable to attend Court. I have since decided that I no longer want to persue the Custody battle and leave things how they are now cause we seemed to have worked out a system on handling our child's matters. How can I inform the Magistrate of this in her Court today? I don't want to waste the Courts time anymore.

    ReplyDelete
    Replies
    1. Do not drop the matter because when the child's mother decides that she no longer wants you to see the child, what do you think will happen?

      Men in your position who make that decision, ALWAYS regret it.

      Delete
  33. I am married, my husband has cheated on me an has another child. He takes my kids to the next woman's place where she tells them horrible things about me, i have asked him to stop doing this along with a probation officer of the court. He has not stopped. I want to file for sole custody of my three kids, do I have sufficient grounds to do so?

    ReplyDelete
    Replies
    1. You all still live together? I don't think you'll get sole custody if you guys still live together and he's capable of taking care of them on his own as well.

      Regardless, we can handle this for you. Send me a private e-mail.

      Delete
  34. Hi I have a 2year old daughter and her father an I was in an on again off relationship. I tried to be a gUd parEnt by allowing hin visitation rights 2 see her but when he's mad at me he refuses to come an see her. I finally decided 2 leave because I was fed up of the physical abuse. An now he wants sole custody and I'm scared. I don't want him 2 have her by himself because he's a very ignorant person an I'm scared of him takin out his rage 4 me on her. Could he really get full custody?

    ReplyDelete
    Replies
    1. No, fathers don't get full custody unless the mother is on drugs or mentally ill.

      Delete
  35. I am married and I have 3 daughters, ages 20, 16, and 7. For years now, my husband has been giving me and my children problems and he drinks, for example he tells the oldest to go and crash and kill herself and he also got drunk and took a cricket bat to burst my 16 year old daughter's head and his brother took it away, also he calls her a fool and tells her she is stupid and my youngest is terrified of him. We are not allowed to leave the house (only for school and lessons for the kids and I to go to pay bills but if I am not on time, he will get upset.) He calls me a nasty woman and an invalid and tells me that I am not a good mother and not a good wife. He is the sole breadwinner and is in control of all the money, even though we have a joint account, I am not allowed to take any money. Also if we have cash in the house and it is not the same amount as when he last counted, he tells me that I am stealing it but I don't do such a thing. I am not allowed to work even though I am well and able. We have two vehicles and the family vehicle is on my name because he registered it that way. I am also not allowed to see my parents and my brothers and their wives and nieces. I tried to leave once but because my husband's family has money, they wanted to report me and my younger daughters also if I leave, they will fight for full custody of my younger kids but my younger daughters will not stay with him and also I fear for their lives and my own. Also my husband is uneducated but his family has the last word and according to them I am not allowed to leave, and that I have to stay here with my kids and forever take his verbal abuse and not say a word. Also I have no real evidence of the verbal abuse but can you help me please, also I want full custody of my kids because I can't see my kids go to sleep crying every night and my youngest being terrified. Please advise me on what I can do.

    ReplyDelete
    Replies
    1. Based on what you've said there, there is no way he would get full custody.

      If you divorce him, I am certain that alimony would be awarded.

      You need to send me a private e-mail. See "About me"

      Delete
  36. Hi.
    My ex and I have shared a daughter till she was 4 months. I left him after a domestic dipsute. She is now 2. During that time he has not provided consistent assistance to maintain her and does not wish to see her. He says when she gets older he will start to visit and maintain. i have moved on and is going to get married. I want full custody of my daughter because her father does not show any interest or care in her. What do I do?

    ReplyDelete
    Replies
    1. Come see us and we'll make an application for custody and I think we should also petition for maintenance because the child needs more money now rather than later.

      Delete
  37. hi. my son's mother is currently filing for full custody of him as a means to be spiteful toward me. i have always been a very active father in my childs life and has assisted in maintenance up until she refused to let me see him after we split up and she filed. i was granted a lawyer through legal aid and i have advised her that i would like to apply joint custody of my son but she says that i cannot because my ex and i were never married. is this correct? because reading this forum seems to differ. i desperately seek your advice as the matter continues this week

    ReplyDelete
    Replies
    1. I don't know what quack Lawyer told you that, but you're the father and once the right application is made in the Family High Court, you can obtain joint custody.

      Send me a private e-mail.

      Delete
  38. Hi. Please forgive me if i missed the obvious but how do i send a private e-mail to you (as in what address to use?)

    ReplyDelete
  39. Good day, my daughter is married and has a daughter 5 months old who presently is warded at San Fernando General Hospital. The child is severely malnourished and this is her second stay at the hospital for the same reason. My grand daughter presently weighs 5lbs 2oz which is less than she weighed at birth (6lbs). This is my daughter's second child, the first died at Eric Williams Medical Sciences Complex under similar circumstances to this baby.

    My husband and I want to apply for custody of this baby as we fear that we may end up burying yet another grand child. Do we go through the same process as indicted above or is there something different we need to do? We also want to limit or eliminate any access to the child by the parents as the father (my daughter's husband) has threatened to kill the child on more than one occasion and my daughter never wanted the baby in the first place.

    ReplyDelete
    Replies
    1. So why didn't she use protection or have an abortion? I don't get that at all.

      Just follow the procedure above.

      Delete
  40. Hi, I have a 5month old son and his father has never played and active roll in his life. He ended the relationship since I was pregnant and refused to help financially support our son. I filed for maintenance and he pays it but although he doesn't call or text to find out how our son is going and doesnt seem interested in seeing him, he applied for visiting rights. The court date hasn't arrived as yet but I would like to know if there is supervised visits at the court and also if I can get full custody based on the situation.

    ReplyDelete
    Replies
    1. You can get full custody, but you'll never be able to stop him from seeing his son. He's the father, regardless...

      What is your justification for supervised visits?

      Delete
  41. I am an American citizen and my husband is from Trinidad and living there, if i want to send our children for the summer i want to be sure it is fully safe and he cannot keep them. we are legally married but seperated at the time and i want to know what are his rights and my children being dual citizens can he keep them there?

    ReplyDelete
    Replies
    1. If he does, the American government will be after him for trying to keep one of their citizens.

      You have nothing to worry about.

      Delete
  42. I have a 3 month old son with my ex. the relationship ended 2 weeks after I found out that I was 3 months pregnant. Then he claimed that the child was not his. From that day he threatened to take me to court for the child. Since we found out about my pregnancy he contributed nothing until my son turned 1 month and I made a deal about the child needed items, he gave me $500.00. After my son was born I have allowed him to see our son at my home. When our son turned 3 1/2 months my ex and his parents visited my son. During this visit I informed his parents that he is not supporting the child, he said that the court is the best way for him to get his child up by him. I don't want to take this matter to court but if he takes me to court, can I request sole custody with supervised visitation rights for the father of the child? or should I apply for sole custody first. As I said that I don't want to take this matter to court. I don't trust him with the child alone, especially by him because they drink a lot. Also when I tell him on dangerous positions he may put the child in he pays no attention to me. Please note that I am currently permanently employed and my son is bottle & breast fed. Many thanks for any assistance rendered on this situation.

    ReplyDelete
    Replies
    1. I don't think that you can justify supervised visitation; he is the father.

      I'm assuming you're teetotal?

      Delete
  43. I have a 3 year old daughter, her father have been financially supportive up until two months ago, as he moved in with someone who has three children. He refuses to give me the address and because of that I refuse to allow our daughter to sleep on weekends. Due to that he's now going to her school and trying to take her, switching off his phone when she's with him...

    Taking in mind he still gets assess to her and is allowed to take her for the day, as well as visit her whenever suitable.

    I honestly don't know what to do as he refuses to take care of her stating he has other things to do!!! He refuses to communicate with me and bring her back odd hours in the night!! Please Help...

    ReplyDelete
    Replies
    1. Did he want an abortion and you forced him to keep it?

      Your only solution is court.
      We're going to bring him up for maintenance and proper visitation days and times.

      Delete
  44. My ex common law and I have a son but I seem to be having complications with the father to keep the child to allow me to work and support my child and I. He has agreed to take the child on weekends but has difficulties showing up half the time. It clearly shows that he wants to give me a hard time with my son and has made several statements pertain to losing a case with him in court, so currently son carries his father's sir name and I want to add my last name to my son's last name so we can have equal rights to this baby. Please tell what steps i need to take.

    ReplyDelete
    Replies
    1. As the biological parents of a child, you both have equal rights. A name change is unnecessary.

      Delete
  45. The child have been living with me since the child was 2 months old. I was given custody of the child in 2012. The child is now 6 yrs and the biological mother wants custody now. Please help

    ReplyDelete
    Replies
    1. Unless you're mentally disabled, a crack head, drug dealer or gang member, you would not lose custody.

      The courts would not upset the status quo.

      Delete
  46. My ex-husband was granted supervised access to our daughter. Is there anyone I could hire to supervised these visits, and how much do they cost? Also, is there any way I could get him to pay for someone to supervise the visits? At the moment his mother supervised the visits but I don't trust her; I heard from a neighbour that she lets him take my daughter out by himself.

    ReplyDelete
    Replies
    1. He's the father... why can't he take his daughter out?

      Is he violent?

      Delete
  47. This site seems heavily weighted on the rights of a father

    ReplyDelete
    Replies
    1. The person who asked the question was a father, so the answer was geared towards him.

      Delete
  48. Good day.
    I lived with a very abusive man for close to 5 years out of which two children were born. I had to leave the home with the police and a few days later he filed for custody. Apart from being very physical abusive to me both away and in front of the kids, I mainly supported them financially and took care of them physically and emotionally. In all honesty I am not the perfect parent but I have been a good mother to these children. He doesn't really want these children out of love, but just to spite me and to please his mother. He is a very good pretender. How can I make the court see him for what he is.

    ReplyDelete
  49. good day i have a 6 month old daughter that lives in the north a high crime area an i dont hav a copy of her birth certificate to apply for custody the reason why i am applying for custody i dont trust the mother because on a weekend they love to party an am the one who watches the child i dont have a problem watching my daughter but a problem with the mother we dont live together but am the one who buys the milk the pampers wateva the child needs an am a good father to my daughter an she knows me an loves me can u help me what can i do

    ReplyDelete
    Replies
    1. You need to prove that the mother is an unfit parent. Start gathering some evidence and we could meet in a couple of weeks to discuss going further.

      Delete
  50. i only get to see my daughter on weekends due to my work now she is telling me i cannot see my daughter at all i need your urgent help with this matter can i get a contact number

    ReplyDelete
  51. can the police question a 5 year old in an argument between his mother and her boyfriend (not the child's father)

    ReplyDelete
    Replies
    1. I've seen it happen... don't see a problem with it. The child will most likely be very honest, so it will help the police figure out what happened.

      Delete
  52. What happens if I'm owing child support arrears after my son turns 18. I'm presently living abroad what happens when i do decide to return to Trinidad.

    ReplyDelete
    Replies
    1. If the mother takes out a warrant for you breaching a court order, you may get arrested.

      Delete
  53. Hi, can I be forced to add the father's name to my 5 mth daughter's birth certificate? We were never married. Father of baby left when I was 6 mths pregnant. He has scarcely shown any interest in her until recently and now wants to have his name added to the birth certificate. He is threatening to take things up legally to have his name added. Can he legally have his name added to her BC without my consent? what rights would he have if his name is added? And would my daughter automatically carry his last name? Or can I add his name yet let her carry my name?

    ReplyDelete
    Replies
    1. If he's the biological father, he has the same rights as the biological mother.

      Which surname the daughter carries is up to the parents.

      After a paternity test is order, he can.add his name... the best thing is to add his name on the birthday certificate now.

      Delete
  54. As a mother I don't understand why parents don't realize that what they are doing harms their child more than helps them. I am a single mother of 3 and recently got engaged. My fiancé has bee having a lot of difficulty in getting to see his daughter. The mother refuses to tell him where she lives, what school the child goes too and so forth. He now wants to apply for joint custody and ask if the child can live with him. Being that it seems that the mother lives with her boyfriend and their daughter lives with the grandmother (the mothers' mother). What should I do? The legal system to me is biased and only designed for women.

    ReplyDelete
    Replies
    1. The longer he waits to take her to Court is the harder it'll be and the longer it'll take for him to get custody. He needs to start off by applying for contact. You should contact me privately via e-mail.

      Delete
  55. I am in a relationship with this guy. He has been separated from his wife for over 2 years now due to her infidelity. Their divorce is not yet finalized. Now she is filing for sole custody of their 4 year old daughter who he pays maintenance for, takes good care of and spends every weekend with. What are the possible outcomes of this case? And can the court order them to get back together?

    ReplyDelete
    Replies
    1. I always recommend that men get a Lawyer to deal with custody because the system is biased. Only a Judge can determine the outcome.

      How can a court order two people to be together? Is that a serious question? The Court may order them to attend parental counselling, but that's about it.

      Delete
  56. Yes it's a serious question. The lawyer said the court can possibly do that.

    ReplyDelete
    Replies
    1. If a Lawyer told you that, it's time to get one who knows what s/he's talking about.

      Delete
  57. Hi I have an 8year old daughter her father and I broke up when she wad 10months and I have been taking care of her since 2007in 2012 we patched things up and got married six months after he started verbally abusing my daughter and I he never has time for us he is always out liming and drinking or bringing his friends home to make cook and drink w hen I tell him about these things he cusses a lot. Plus he is always telling our daughter she a duncesehead and she dumb and stupid and he wasting his money to send her to school.how he will buy a block of weed and she will sell it .how her cousins are brighter than her stuff like that .this had made her drop grades.In june this year he came home drunk and took a cutlass and put it to my childs face and told her he would kill her and chop off her head when I asked what wad wrong with him why and how could he do something so stupid he choked me and slamed me on the wall .I just could take it this time I left him .and put him in courth for custody now he'sfighting me. For custody or visitation rights can a judge grant him custody or visitation my daughter is scared of him and does not want to see him or go by him can you please give some advise.

    ReplyDelete
    Replies
    1. Did you make a police report?

      Send me a private e-mail.

      Delete
  58. My son lives with me. He spends weekends only with his father. My son's father applied for a passport for our without my knowledge. On the passport he listed the child's surname as his own, which I am not pleased. At school my son presently carries my surname. My son's father and I are not married and were never common-law. Please tell me if and what can be done to get my son's name changed to my surname on the passport.

    ReplyDelete
  59. Hi,

    I have two kids. Both are from different fathers. My 7 year old son has been in my care since birth without any assistance what so ever from his father. My daughter is 5 mths old and her father is threatening full custody of her if I leave. I will like to know if I can file for full custody of her but her father can still spend time with her? how can I go about doing that. I am leaving in 2 weeks and he does not know. Also, I made an appointment to get her passport with my surname, (we are not married) can I proceed to do so? Do I need his permission? We have been living together for app 18mths. There are so many factors involved. Can you please advise? Will it be possible that I can contact you via phone or email asap?

    ReplyDelete
    Replies
    1. Yes, you can file for custody and allow him contact. I think you should also be fighting for maintenance for both children.

      You need to send me a private e-mail.

      Delete
  60. Hi
    I have five kids all have same father , he is paying some maintenance but my concern is for the safety of the kids since they have to spend time with him at his mothers house. But the thing is this his mother is the one that encouraged him to abandon us and the kids know this plus he has no interest in them he speaks abusively { meaning he curses at them } to them and he smokes marijuana what can I do please help me.

    ReplyDelete
    Replies
    1. You have to come up with a better reason than that.

      Delete
  61. Hi,

    I have a 3 year old son who lives with me and my mother. Since the father and I broke up a does not communicate with me. He pays my son's school fee but does not contribute to any other aspect of his life. Recently he started taking my son out of school without my knowledge. I don't have any problem with my son's father spending time with his son but he needs to communicate with me. Last time he took him he carried him for a vaccination shot with my knowledge. Suppose he had gotten that shot already. I am very frustrated . Please advise

    ReplyDelete
    Replies
    1. You need to go to court to deal with custody and contact.

      Delete
  62. Hi
    Recently my husband of 19 years abandon me and the kids we went to court and he only wants to pay for the kids and not give me any thing.He lied about how much he works for so the magistrate told me to get a lawyer.But the thing is this I cant afford to pursue this matter now could I drop it or put it off at a later date .

    ReplyDelete
    Replies
    1. He is not obligated to pay alimony if you have a job or capable of getting a job. Common misconception by many women.

      If you can't afford a Lawyer, you can try legal aid.

      Delete
  63. Hi,
    How old doe a child have to be to be able to be heard by the court if they does not want to visit their father at a certain location? They love their father and wants to spend time with him but just not where he is right now.

    ReplyDelete
    Replies
    1. how does the child get to be heard by the courts. What is the process

      Delete
    2. How does the child get to be heard by the courts, what is the process?

      Delete
  64. Hi
    If you want to drop a case can you do it before the court date or do you have to wait for the court date.

    ReplyDelete
    Replies
    1. Doesn't matter.
      Before must be in writing.
      At hearing just needs to be verbal.

      Delete
  65. How is child maintenance calculated in tnt?

    ReplyDelete
    Replies
    1. There's no calculation. The Judge takes a lot of things into consideration:
      Age of child
      Salaries of both parties
      Type of school
      Disabilities
      etc...

      Delete
  66. Good afternoon, my son is not a national of Trinidad & Tobago my step father who is a national has legal custody of him and would like to change his name giving him his and continue to raise my son as his own. What is the process in getting started in such a matter.
    Reply

    ReplyDelete
  67. I am currently pregnant and the child's father has said to me on three occations "I cannot do this anymore, you will have to do this on your own". I am prepared to go through with my preganancy on my own, but what can I do or put in place to aviod him trying to have custody after the baby is born. I have also indicated that I beacuse of his statements his name will not be on the child's birth certificate. Can you help?

    ReplyDelete
  68. Hi

    My ex husband and I divorced in 2006. I've been a single parent since 2004 when we separated. I had the boys with me since they were 2 and 4. In 2008 I took the kids to England a s my father was very ill and they started school in the uk. My ex accused me of kidnapping and i had to bring them back to trinidad. We had an agreement where I had access to them regularly via phone and skype as well as emails and he would write to me. I called regularly every Sunday and spoke to them until July 2009 and that is when my ex stopped me from having any contact with them. I payed support until December 2011. He accused me of not paying the support and had me pat his lawyer fees even though it was legally agreed that I won't. Since then no contact has been made from him. My boys used to hide and contact me. He threatened my mother when she tried to contact them. I stopped paying the support because he knew I was paying and i still had no contact. Can you please advise . I'm in trinidad now and want to see them and he is playing games by saying he will call me back to arrange and he doesn't. Please advise can he sue me and get me arrested ? I'm due to go back to UK in 9 days.

    ReplyDelete
    Replies
    1. I'm sorry for the late response... you're probably gone by now. You should've sent me a direct e-mail. You need legal representation, especially as you're away, so look under "About me" to send an e-mail.

      Delete
  69. Hi, Recently my husband and I had two court appearance on the first appearance he give an amount that he was willing to pay for the children they are five ( 5 ) kids. I did not debate the amount so the magistrate signed of on it. The second court appearance was concerning me and how much he would give me, this is what the magistrate suggested, that I get a lawyer to see what I can get, but I wanted nothing. So I went with the intention of dismissing the case but it never came to that. The magistrate revisited the maintenance for the children did not want to hear me put in a different amount for the kids with out my husband requesting a decrease in maintenance and he closed the case there even when I said that his payslip is false the magistrate did not want to here me. What I want to know is can the magistrate do such a thing and what are my options.

    ReplyDelete
    Replies
    1. That is why you need a Lawyer... justice on your own is almost impossible.

      Delete
  70. If your husband don't keep a magistrate order on when he can have his children but wants to have them when its convenient for him .What can I do.

    ReplyDelete
    Replies
    1. If you're in agreement, ask the court for a variation to match the new agreement.

      If not, take him back to court for contempt.

      You'll need a Lawyer.

      Delete
  71. Hello, My husband and i were separated for a couple months, during this time he met a girl and got her pregnant. We are currently working on our marriage, as a matter of fact we;ve started counselling. We have three children 8, 5 and 1. The girl and her mother refused to terminate the pregnancy, even though both my husband ad i told them that he would not be around for the pregnancy or even after the child was born, was his and living with us. The girl is in her early twenties and unemployed, my question is; what are my husband's chances of gaining custody. He already has a son he is supporting in court, and the mother makes it impossible to see him... she made the first few years miserable for us, so to repeat this with another baby mama drama, we both have agreed on accepted this child into our family.

    ReplyDelete
    Replies
    1. He wouldn't get custody and you need to reconsider remaining married to this man who goes out and cheats on his wife, having unprotected sex.

      Delete
  72. My son lives with me. He spends weekends only with his father. My son's father applied for a passport for our without my knowledge. On the passport he listed the child's surname as his own, which I am not pleased. At school my son presently carries my surname. My son's father and I are not married and were never common-law. Please tell me if and what can be done to get my son's name changed to my surname on the passport.

    He was not present at the time of birth or registration of the birth certificate. However, he took me to court for right of access of the said minor and it was granted to him, in addition his name was later inserted in the child's birth certificate.
    The birth certificate does not state the child's surname. Instead it states given names , name of mother, name of father.

    Currently all his father does is pay school fees and his payments are always late. He gets our son on every weekend. From friday after school n forces me to come for him on Sundays. He don't provide for our son. Food, clothes , shelter, school supplies, Books, school uniform, sneakers, doctor n dental appointment i take him and provide for him.
    Its impossible to have a conversation with him regarding our son. He's always verbally abusive and believes whatever he says is superior. I am a catholic and I teach our son my religious practice. However he disapproves and insists that our son is a baptist. Our son is now confused as to who to listen to. He is afraid of his father and cries everytime he has to by his dad.
    His father is now filling for full custody.
    Please help

    ReplyDelete
  73. hi
    my daughters mom applied for maintenance for my two daughters and was granted custody. When i met her she had a daughter already but an incident happened and now all are living with me can i apply for custody and get the maintenance order cancelled or null for my own safety. It might be a little late cause they with me for about six months now

    ReplyDelete
  74. I am a single father .My ex girlfriend and i have one child together. Our daughter stays with her mother. I pay monthly child support of the agreed amount for my daughter. Recently my daughter's mother stated that our child went to have a medical procedure done and required money. I asked her what was the cost of the procedure and where is the receipt. This seemed to have upset her and led to an argument.This was an eye opener to me as i am of the opinion that i was justified to ask for proof. What can i do for an agreement to be made between us as it relates to what are my responsibilities/ obligations. Do i have to go to court on this matter

    ReplyDelete
    Replies
    1. Yes, you were well within your right. Court is the best option to have an order made to ensure that issues like this don't arise again.

      Delete
  75. Hi,Can an underaged person divorce their parents rights

    ReplyDelete
  76. Can someone from Canada come to Trinidad to open a court case without the birth certificate of the child? Is it legal for a Canadian to being a court case on the born Trinidadian mother and child?

    ReplyDelete
  77. Replies
    1. Need more information that what you're giving me.

      Delete
  78. Can a father who is a Trinidad Citizen apply to the Trinidad Courts for Visitation of a Now US Citizen Child who was born in Trinidad.
    If we have moved out of Trinidad due to abuse. I also have a restraining order on him. Before i left Trinidad i gave him visitation on sundays by court order but i moved because the treats continued. I am now in the US i am a citizen as well and so is my Child i applied for her. If we return to Trinidad but now as she is also a US Citizen can he make any demands via the courts? Even though i can surely prove that he is unfit.

    ReplyDelete
    Replies
    1. If there is a court order for access and you moved away with the child in breach of that order, you have committed an offence.

      Delete
  79. Good day, I went to court last year for a restraining order against my ex-boyfriend and I received full custody of my daughter. But I gave him access on Sundays. Previous to him getting access a restraining order was in effect. I felt to threatened by him and was completely stressed out from the whole year of events prior to me applying for the restraining order and custody of my daughter. However, I am also a citizen of the US and came on vacation with my kids but during this time I realized that moving back to the US is what I needed. A fresh start. Can I legally keep my child with me she is also a us citizen as I am. ? Or do I have to file something in the Trinidad courts again?

    ReplyDelete
    Replies
    1. If there is an order granting him access and you take the child, you will be in contempt, and that is an arrestable offence.

      He can also claim abduction or kidnapping.

      Delete
  80. I have a 5 yr old son with my ex. We are no longer together but he only recently applied for visitation which he now gets. On my sons birth paper his fathers name is there, I would like to change that however to my last name, is this possible? If so, what is the procedure? Thank you for your assistance.

    ReplyDelete
  81. Ok thanks....one more question tho...can i apply for full custody?

    ReplyDelete
    Replies
    1. Applying and getting are two different things. Especially if the father is playing an active role.

      Delete
  82. good morning i am a single father for about 1 year now of my two girls i get no help from there mom but she had me in court for maintenance then had to send them by me to live. I did not go back to court to let them know because she was of the impression she would be taking them back but she can't. Now it is becoming a little too much for me financially and she tells me she can't help cause she has bills to pay now i have court thursday she said she is going to waiver the payments until she can take them back. My question is what can i do because as i said financially it is becoming hard with two girls in primary school

    ReplyDelete
    Replies
    1. She must be forced to pay maintenance. She can't have them waived. You need a lawyer!

      Delete
  83. What right does an abusive father have with regards to right of access? My ex now wants right of access three years after we,my two boys and I left him their ages now are 9 and 10 but are still very much afraid of him. He used to beat all three of us and tie them up with blankets so they would stop playing or pelt them with anything... The last time they spent time at his home three years ago he choked my eldest an threw him out the door!!! What can I do to protect my kids I need to save them.... He usually sees them once or twice a year when his mother visits Trinidad his family holds a get together and my boys always goes!!!! How can I get the court to listen to my kids about what he did to them and why they fear him? Please help??? He is very smart and charming he can get anyone to believe him!!!!

    ReplyDelete
  84. If the court ordered the father visitation rights (they live with the mother), but unknown to the courts the father treats them horribly (emotionally and psychologically), also he live with his parents who treats the children badly too. What can be done for the children? The children are 18 and 15 (the 18 year old was granted child status in the divorce proceedings), can they be heard by the courts? And what rights do the children have in the interim, as they have to follow court ordered visitation

    ReplyDelete
    Replies
    1. Contact the Children's Authority: http://ttchildren.org/

      Delete
  85. The father of my children has been abusive towards me in front of my kids and even while I have held my daughter in my hands he does nt contribute towards them financially..I have decided to move to a rental situation because of his threats and showing up drunk and even on one occasion kicking in my father's door when I was home with the kids he threatens that if I do bring him up for maintenance I would only receive 150 per child at most since he gets paid cash in hand he would say he does nt work ..my questions 1) is that true as far as how much I would receive as I wouldn't wanna aggravate him more for 300 as I wouldn't be able to make up the rest our my rent with that and I can almost guarantee
    his harassment will worsen after I do ..also is it possible to not only get sole custody but also a restraining order for not only me but also my children ?I have the police reports..

    ReplyDelete
    Replies
    1. Only the Magistrate/Judge could make that decision. There's no automatic order.

      Delete
  86. according to law what is realy JOINT CUSTODY.and wat sect. of the law books speaks about it, and how do I go about getting joint custody

    ReplyDelete
  87. Currently I'm having twins and I'm close to my due date,at the moment im unemployed and my ex is helping me even though they're not his, but at any given moment he can decide to leave,I contacted their father informing him of the pregnancy in which he replied that he didn't want anything to do with me or the kids,what measures can I take to avoid me being caught off guard and ending up in more mess than I'm already y

    ReplyDelete
    Replies
    1. I never understand why women still choose to have children that the man doesn't want? Even when you take him to court for maintenance, you may get $300 per week depending on his salary.

      Then what, you raise 2 children in poverty because you hope he'll come around one day?

      Women need to understand that sometimes, not having the child/children is the best thing for THEMSELVES.

      Delete
  88. I have a 2 1/2yr old daughter who haven't seen her father over, about 3 months. He calls to speak to her now and again. I refused to have any connection with him due to his violent behavior and threats. He wants custody/ rights to her. I fear for the safety of my child since she cannot speak properly even to say if anything happened to her and he's a work-a-holic. He threatens to take me to court for her and provokes me via late night phone calls or seeing me in the road. I have made several police reports on him and this situation is taking a toll on my current relationship. I have no problem raising my child as a single parent without the need of his money. What are my chances in my situation?

    ReplyDelete
    Replies
    1. Regardless of your feelings towards him, he's the father and has every right to access to his child.

      Being a work-a-holic is not a negative thing.

      Delete
  89. Hi i need help plz... Me and my common law wife broke up a month ago she jus took herself and my 1 year old daughter and left., i still drop things for my daughter but she isnt allowing me to see or be with her, last night i finally did and my daughter doesnt even kno me anymore and she didnt wanna even come by me it hurt me to the max more than anything wat i really wanna find out is that is there someway i can carry her to court to have my child on the weekends cuz thats all i want or does her age or anything wud stop me

    ReplyDelete
  90. Is a statutory declaration act 7:04 means that a parent gave up custody of a child?

    ReplyDelete
  91. Hi, I am a father of my 2+ yr old son. The mother let's me have him once on the weekend and I can come during the week in the evening to see him. I am studying to take her to court cause I rather have him on the weekdays because I can't make the evenings anymore because another job I recently got. Does this make sense? And also for me to able to have more right towards my child because although I would get him and see him she dictates everything where he can go, who can see him, what school he would go to, don't know anything about his recent medical history, mine u he has been to the hospital sereval times, doesn't tell me when he is in the hospital knowing that I'm a phone call away...Ik I still have it better that some father's but I am looking for EQUALITY!

    ReplyDelete
  92. Hi. So glad I came across this site. I have been separated from my daughter's dad for 10 months now. He migrated last year, leaving me with the responsibility of raising our 4 yr old. Prior to his leaving, there were loans which I co signed, making me the principal borrower. The last payment on these loans were made in December 2014, placing me in a situation of having to pay close to $4000. Long story short, assets were sold to clear the majority of the debt. I am currently paying one personal loan which I also co signed for him.
    As I mentioned he migrated and apparently ran into some trouble with the law. Prior to his court case he made little to no contact with me to see our daughter. He has to return as he lost his case and has since been asking to be able to see our child. I have no issue with visiting her, but given the nature of his case abroad, I would prefer supervised visits. There were cases of domestic abuse prior to his departure, unfortunately I never made reports. Will the court grant supervised visits, given the nature of his charges abroad? (Gun possession, assault) hr has no violent record in Trinidad, only some traffic offenses. Please advise, would be greatly appreciated.

    ReplyDelete
  93. Recently my ex applied for access of our son, but he never played an active role before in his life and was paying maintenance in court which was not up to date . He applied for access when I was pregnant with my second kid and I got engaged and decided to migrate to meet my fiance. The matter is still before the court and I feel as if he is being favored. I am willing to send my son for vacations and long weekends here but his father who claims he is not contesting custody told me I cannot leave with him. What can I do, should I have the matter moved to another court?

    ReplyDelete
    Replies
    1. It's unfair to take your son out of the jurisdiction if the father lives here... you're never going to win favour by doing that.

      Delete
  94. Hello, I am concerned for my niece. She was given guardianship to my oldest sister in Trinidad. I do not live in the country. My oldest sister no longer want the responsibility of her and she cannot go back with the father because of allegations of abuse. The mother has abandoned her. What can I do as another relative to get custody of her?

    ReplyDelete
  95. By some miracle I happened upon this site. I have an 8 month old son who's father has not had contact with him for over 5 months. He has never supported him financially, emotionally or physically. I have tried unsuccssfully on many occasions to encourage him to have contact with our son. I am now thinking about pursuing him for maintenance, however I do not want to open the door for him to apply for physical custody of my son at this age. I have no issue with supervised visitation until my baby gets to know him. Any advice is welcomed.

    ReplyDelete
    Replies
    1. If you pursue him, he may apply for custody... it's a risk you have to decide on.

      Delete
  96. Hi, 


    Seeking advice if possible. My matter was just ruled for half vacation..aug month fir my 5 and 3 yr old..as well as the usual..other wknds, holidays etc.


    My ex husband the father is an oil field worker on call round the clock with a history of marijuana use, physically abusive to me and several other women in front of the children and an alcoholic and drug using mother and abusive brother. This would be his support system for my children.


    The case was ongoing for 3 yrs and he delayed where he could, never filed paper work, nor submitted requested files like certificate of character requested by judge..he has past cases of wounding with intent thrown out and other arrests. His first lawyer file he was rude and disrespectful and came off of file.


    My mother came to court for him and willig to supervise his visits until he hit her in front the children and ended up kn supervised visits.


    Judge Ramkerrysingh was happy that the report on supervised visits was excellent ( he is excellent at hiding his anger especially in a 2 hr supervised period) and i never argued but waited for court to fight my battle. This was has a temper i don't want my kids to learn to adapt and constant drug use.


    The judged opened up the access. I followed up with the social worker on the drug test results and my test was negative for everything but he as K have been saying is positive for marijuana. My lawyer wrote the judge but what is my position if she disregards this evidence as well..I had a letter from Dolly and Associates about his anger that was also thrown out. Please help with my options. Looking at new laywer options and if it possible to appeal to a new jugde.


    My kids need to spend time with their father but properly managed. A weekend is a lot but much better than just handing him fulk responsibility for a month. When I asked incourt who would be with them if he'scalled out to work I was told the same way I am responsible when they are in my care he will be. He indicated he has someone and no info on who.
    The kids and myself are all Americans but the US embassy says they will have to follow the TT law.

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  97. If a father is a non-national and does not have residency, can he apply for Access and a few months later, Custody. He has a few criminal convictions and should have been deported. However, if I have reservations about him attempting to leave the country with the child, what can I do? Additionally, he is married to a Trinidadian woman who has no children, will the court take custody away from me and give to them?

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  98. Hi good day, I have legal guardianship of my son from my ex common law. My son carries his last name but I want to change it to mines, is that possible? Thanks

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  99. Hi Good Morning,

    So my son lives with me and his father has access which is no problem by me as I had taken him to court for maintenance because he was making it very hard to communicate after i broke it off and contributing whenever he feels like, in turn he brought me up for access over spite because he already had the every other weekend and holidays. Anyway i want to move abroad with our son but i know he would not go for that because I brought it up already and he said me. But this is UNFAIR because he can do what he wants with his life yet I have to be restricted and cant live where I would like. I have no problems letting him come every summer and Christmas etc

    How should I proceed?

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  100. What would be the best course of action to take in this situation:

    I have a friend who lives in Port-of-Spain, and he's been telling me about the legal turmoil brought upon his family by his step-mother, who pretty much hates him and his father. In a recent court case, she has stated that the father committed incest as well as the brother (my friend) of her daughter, all of which are lies, yet the court accepted them. Despite contradictory evidence (i.e. a sentimental Birthday Card from the daughter and her demand that her brother and father be present at her confirmation despite court ruling that they're not to even be NEAR her let alone talk to her), nothing has budged. What legal options does the father have to challenge the mother's outright perjury?

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    Replies
    1. That is a serious allegation to make... how do you KNOW that they are lies?

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  101. I am a stay at home mom of a 17 months old, her dad and I lives together. He is abusive both physically and verbally. I would like to know what is my position if i leave him and fight for full custody of our child? Is it possible? Or am I at a disadvantage because I am not working at the moment?

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  102. I have three children whom i have full custody of .I collect maintance as wel. Two of the children want to go and lives with there father .There father takes them sometimes when he feel like it and i would have to drop them of and pick them up .If that is what they want i am willing to give it to them for them to be happy .What is the best advice youbcan give to me .Thank you.There ages are 14 and 11;years old

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  103. Hi I have a few urgent questions?
    The child father is in prison for a year and more on man slaughter charges and for missing his court dates. It is unclear if he will be released or when he will be released. My child is 7 years old and he has only been present in her life for the first 2 years of her life. I have made a report once about his violent behavior towards me but all the police had done was to warn him. I have never brought him up for maintenance, I want little as possible to do with his sycophantic behavior.The child carries my last name not his on her birth certificate. I am getting engaged soon and I want my daughter with me.

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  104. so my question is what do i tell the Judge? because I want this to be over very soon? I have already file for full custody and awaiting the first court date.

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  105. Hello, I have a niece that was taken away from her father at the age of 2. The mother took out a maintenance summons shortly after but it was never served, the mother went on to get married under Muslim law with someone else and refused the father access to the child, he was incapacitated shortly after. Fast forward to 10 yrs later the child showed up wanting to know the family which was in 2012, at this time the mother and step father was separated and going through a divorce, she has 4 children for him, I trying to help started giving the child an allowance between $200 to $300 a month. The child is now 16 yrs old, and the mother is threatening to take me or the child incapacitated father to court for maintenance. The father started getting disability in 2012 only. He has been incaple of taking care of himself for 14 yrs. Please advise , thanking you in advance.

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  106. how is child maintenance calculated in Trinidad and tobago??

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  107. how is child support/maintenance calculated in Trinidad and Tobago ?

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    Replies
    1. Discretion of the judge, based on salary and expenses of both parties.

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  108. I have a 3 month old son. Things are not working between his father and myself. I want to return to the United States with my son. I don't want to stop any relationship between my son and his father. Will I be able to leave the country with my son?

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  109. Hi good day so I need some advice... problem is my sister an her ex Husband has been separated for a few years now an in the middle of the drama is two kids.. a boy 8 and a girl 9.. short version of the story is he has them every other weekend.. yes only two weekends for the month an still he drops them by family members or just leave them home unattended by his early parents. So of lately he has started a relationship with someone else and the problems just got worst. Whenever they are by him if we call their phone he either switch them off or don't answer it even if the kids are sick he makes no attempt to contact the mother. Presently he is paying maintenance which is 250 per child every 2weeks. Mind u is $60 a week per child for their maxi for school.add money to spend at school am snacks or even food... do the maths it's not enough. Is newly found game is to always go when it's 3weeks to pay that way we can't take out a warrant for maintenance against him. We want to file for sole coustdy... what are ur views? Presently his brother has many cases in open drug cases in court for drug related cases, he presently has an Warrenton out for him on being a suspect in robbery, his father was previously accused of sexual abusing a minor which is his other grand daughter .please give some advice

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  110. Goodnight not too sure this thread is still looked at. I left my common law husband of 1year we also have a 1 yr old baby. Left the baby with him because every time I try to take the baby he gets abusive. He always verbally abuse me however he is a great dad. Paid all our bills as well. The relationship just was not working. I want to fight for custody of my son. However we already have things set up for him to have a stable life. Sitter coming home etc. Like I said his dad caters to all his needs. N he's a great dad. Would the court grant me custody?

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  111. Goodnight not too sure this thread is still looked at. I left my common law husband of 1year we also have a 1 yr old baby. Left the baby with him because every time I try to take the baby he gets abusive. He always verbally abuse me however he is a great dad. Paid all our bills as well. The relationship just was not working. I want to fight for custody of my son. However we already have things set up for him to have a stable life. Sitter coming home etc. Like I said his dad caters to all his needs. N he's a great dad. Would the court grant me custody?

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  112. Hi good morning. I have a 1 year old and a 2 month old baby. Their father stopped financially supporting them November 2015. October 2015 was the last month he gave money in the bank. My daddy settled and agreement with him allowing him to pick the time and when he wanted our son. Now we have to February of this yeah the woman he was with called and threatened me and also her friends. I made a report because he kept giving information about myself to them. The police advised that I change my number. Since then he had gotten my number. I am stressed out about this situation. I am supporting my 2 children along with them help of my father who financially support them both.I work as an ojt.
    Now I just want full custody of my children because I am tired of putting up with there father. Since last year my kids and I have been going back and forth because one second we are living together the next he is putting us out and in all this he still didn't financially support us because my father had to keep providing everything.
    I just want full custody so I can be at peace how can I get this please?

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  113. Good day, I have a 2 month child before the child was one month his father asked for me to come to his home for his family to see the child, due to personal reasons i told him i wa able to do so. He believed i was disrespecting his family.he then asked again to come to my home but i was uncomfortable due to verbal abuse i received in the circumstance before and also my father has never met him, (to this date). He started posting stuff on social media aout my family and I tarnishing my character when I asked him to come to my home when my father is at home as a form of respect. He began threatening me, i made a report to the police and i went to a JP and mediation was tried . He saw the child the said day he turned one month. He contiously messages my phone saying i am being selfish ecause i am demanding my respect and said i will not go out of my way to take myself to go to his home after his threats and disrespect. He has now decided to file for visiation rights, the child is two months, strictly on breast milk according to hospital rules and he does not stomach formula since at the hospital therefore he cannot go to the fathers house on his own nor do i feel comfortabe being around him. I have all our conversations recorded, as well as the threats and post. Do i let the magistrate see and hear these things when i disagree ?

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  114. Scenario: After dissolving a marriage. a couple shares joint custody of the child with care and control to the mother. The father is now looking to marry and migrate out of the country but would like to maintain access to his child and the right to take her to his new home on vacation. The mother of the child has moved and refused to say where she now resides with the child despite having no history of violence with the father? is this unlawful ?

    as the present situation is the mother often negotiates the schedule to suit her needs but is hard and fast as it relates to the child. the child spends long and considerable amounts of time with the child's parents.

    if the father migrates will custody go naturally to the mother and prevents the father from taking the daughter on vacation time to his new home will he have any reproach in such a matter?

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  115. Scenario: After dissolving a marriage. a couple shares joint custody of the child with care and control to the mother. The father is now looking to marry and migrate out of the country but would like to maintain access to his child and the right to take her to his new home on vacation. The mother of the child has moved and refused to say where she now resides with the child despite having no history of violence with the father? is this unlawful ?

    as the present situation is the mother often negotiates the schedule to suit her needs but is hard and fast as it relates to the child. the child spends long and considerable amounts of time with the child's parents.

    if the father migrates will custody go naturally to the mother and prevents the father from taking the daughter on vacation time to his new home will he have any reproach in such a matter?

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  116. Hi, can I get your email address.I am looking in the "About me" section and don't see it listed.

    ReplyDelete

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