Section 40—Application for Parentage.
(1) The following persons may apply to a Family Tribunal for an order to confirm the parentage of a child—
(a) the child;
(b) the parent of a child;
(c) the guardian of a child;
(d) a probation officer;
(e) a social welfare officer; or
(f) any other interested person.
(2) The application to the Family Tribunal may be made—
(a) before the child is born; or
(b) within three years after the death of the father or mother of a child; or
(c) before a child is eighteen years of age or after the child has attained that age with special leave of the Family Tribunal.
Section 41—Evidence of Parentage.
The following shall be considered by a Family Tribunal as evidence of parentage—
(a) the name of the parent entered in the register of births;
(b) performance of customary ceremony by the father of the child;
(c) refusal by the parent to submit to a medical test;
(d) public acknowledgement of parentage; and
(e) any other matter that the Family Tribunal may consider relevant.
Section 42—Medical Test.
The Family Tribunal may order the alleged parent to submit to a medical test and the Tribunal shall on the basis of the evidence before it make such order as it considers appropriate.
Section 43—Custody.
A parent, family member or any person who is raising a child may apply to a Family Tribunal for custody of the child.
Section 44—Access.
A parent, family member or any person who has been caring for a child may apply to a Family Tribunal for periodic access to the child.
Section 45—Considerations for Custody or Access.
(1) A Family Tribunal shall consider the best interest of the child and the importance of a young child being with his mother when making an order for custody or access.
(2) Subject to subsection (1) a Family Tribunal shall also consider—
(a) the age of the child;
(b) that it is preferable for a child to be with his parents except if his rights are persistently being abused by his parents;
(c) the views of the child if the views have been independently given;
(d) that it is desirable to keep siblings together;
(e) the need for continuity in the care and control of the child; and
(f) any other matter that the Family Tribunal may consider relevant.
Section 46—Unlawful Child Removal.
No person shall unlawfully remove a child from another person who has the lawful custody of the child.
Sub-Part III—Maintenance
Section 47—Duty to Maintain a Child.
(1) A parent or any other person who is legally liable to maintain a child or contribute towards the maintenance of the child is under a duty to supply the necessaries of health, life, education and reasonable shelter for the child.
(2) For the purpose of this section, education means basic education.
Section 48—Application for Maintenance Order.
(1) The following persons who have custody of a child may apply to a Family Tribunal for a maintenance order for the child—
(a) a parent of the child;
(b) the guardian of the child; or
(c) any other person.
(2) The following may also apply to a Family Tribunal for a maintenance order—
(a) the child by his next friend;
(b) a probation officer;
(c) a social welfare officer; or
(d) the Commission on Human Rights and Administrative Justice.
(3) The application for maintenance may be made against any person who is liable to
maintain the child or contribute towards the maintenance of the child.
Section 49—Considerations for Maintenance Orders.
A Family Tribunal shall consider the following when making a maintenance order—
(a) the income and wealth of both parents of the child or of the person legally liable to maintain the child;
(b) any impairment of the earning capacity of the person with a duty to maintain the child;
(c) the financial responsibility of the person with respect to the maintenance of other children;
(d) the cost of living in the area where the child is resident;
(e) the rights of the child under this Act; and
(f) any other matter which the Family Tribunal considers relevant.
Section 50—Request for Social Enquiry Report.
(1) A Family Tribunal may request that a probation officer or social welfare officer prepare a social enquiry report on the issue of maintenance before it for consideration.
(2) The Family Tribunal shall in making any order consider the social enquiry report prepared by the probation officer or social welfare officer.
Section 51—Form of Maintenance Order.
(1) A Family Tribunal may award maintenance to the mother of a child whether married to the father or not where the father has been identified, and the maintenance shall include the following—
(a) medical expenses for the duration of her pregnancy, delivery or death of the child;
(b) a periodic allowance for the maintenance of the mother during her period of pregnancy and for a further period of nine months after the delivery of the child; and
(c) the payment of a reasonable sum to be determined by the Family Tribunal for the continued education of the mother if she is a child herself.
(2) A Family Tribunal may order a periodic payment or lump sum payment for the maintenance of a child and the earnings or property of the person liable may be attached.
(3) The attachment order should be applicable in all cases of failure to pay maintenance.
(4) When considering an application for maintenance, a Family Tribunal may make a maintenance order which it considers reasonable for any child in the household.
(5) A Family Tribunal may make an order for arrears of maintenance against any person liable to pay the maintenance.
Section 52—Persons Entitled to Maintenance Order.
(1) Any person who has custody of a child who is the subject of a maintenance order is entitled to receive and administer the maintenance order of the Family Tribunal.
(2) If the parent, guardian or whoever has custody of the child should cease to be a fit person, the Family Tribunal of the area where the child is resident may appoint another person to have custody of the child and administer the maintenance order and that person shall act as if originally appointed by the Family Tribunal.
Section 53—Duration of Order.
(1) A maintenance order issued by a Family Tribunal shall expire when the child attains the age of eighteen years or dies before that age.
(2) A maintenance order shall lapse before the child attains the age of eighteen years if before that age the child is gainfully employed.
Section 54—Continuation of Maintenance Orders in Certain Cases.
(1) Notwithstanding section 53 a Family Tribunal may continue a maintenance order after a child has attained eighteen years if the child is engaged in a course of continuing education or training after that age.
(2) An application under this section may be brought by a parent of the child, any person who has the custody of the young person or the young person concerned.
Section 55—Variation or Discharge of Orders.
A Family Tribunal may if satisfied vary or discharge a maintenance order on the application of a parent, the person who has the custody of the child or young person or any other person legally liable to maintain the child.
Section 56—Enforcement of Order.
An action may be brought by any person to enforce a maintenance order thirty days after the order is made or due.
Section 57—Non-custodial Parent to have Access to Child.
A non-custodian parent in respect of whom an application is made to a Family Tribunal for an order of parentage, custody, access or maintenance under this Part shall have access to the child who is the subject of the order.
Section 58—Duplicity of Maintenance Applications.
The provisions of this Act are subject to the Matrimonial Causes Act, 1971 (Act 367) and no action may be brought for a maintenance order if an application for maintenance is pending in matrimonial proceedings.
Section 59—Offences Under this Part.
Any person who—
(a) unlawfully removes a child from another person who has lawful custody of the child contrary to section 46; or
(b) fails to supply the necessaries of health, life, education, and reasonable shelter for a child when legally liable to do so contrary to section 47; or
(c) brings an action maintenance under this Part while an application for maintenance is pending in matrimonial proceedings commits an offence and is liable on summary conviction to fine not exceeding ¢2 million or a term of imprisonment not exceeding six months or to both.
Section 60—Procedure for Applications.
The forms to be used and the procedure for applications under this Part shall be provided for by regulations made under this Act.
Section 61—Waiver of Fees.
The Chief Justice may by legislative instrument waive part or all of the filing fees or other fees payable for an application under this Part.