CHAPTER
126
MATRIMONIAL CAUSES (SUMMARY JURISDICTION) |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Jurisdiction of court in matrimonial proceedings. |
Order by court in matrimonial proceedings. |
Special powers and duties with respect to
children. |
Refusal of order in case more suitable for
Supreme Court. |
Interim order by magistrate's court or Supreme
Court. |
Suspension or cessation of orders. |
Revocation, revival and variation of orders. |
Application for variation etc. by or against
person outside The Bahamas. |
Parties to application for variation, etc. |
|
Time limit for application where ground is
adultery. |
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Parties domiciled outside The Bahamas. |
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CHAPTER 126 |
MATRIMONIAL CAUSES
(SUMMARY JURISDICTION) |
An Act to
amend and consolidate the law relating to matrimonial proceedings in
Magistrates' Courts and to increase the maximum weekly rate of maintenance
payments which may be ordered by Magistrates' Courts. | 10 of 1978
17 of 1988
9 of 1991 |
[Assent 24th
November, 1978]
[Commencement 7th March, 1979] |
1. This Act may be cited as the Matrimonial Causes
(Summary Jurisdiction) Act. | Short title. |
2. (1) In this Act- | Interpretation. |
"adopted"
means adopted in pursuance of an adoption order made under the
Adoption of Children Act; |
"child" in
relation to one or both of the parties to a marriage, includes a child born out
of wedlock to or an adopted child of that party or, as the case may be, of both
parties, but does not include a child adopted by some other person or persons,
and "parent" in relation to any child shall be construed accordingly; |
"child of the
family" in relation to the parties to a marriage, means- |
(a) any child
of both parties; and |
(b) any other
child of either party who has been accepted as one of the family by the other
party; |
"court"
means a magistrate's court; |
"dependant"
means a person- |
(a) who is
under the age of eighteen years; or |
(b) who, having
attained the age of eighteen but not twenty-two years, is either receiving
fulltime instruction at an educational establishment or undergoing training for
a trade, profession or vocation in such circumstances that he is required to
devote the whole of his time to that training; or |
(c) whose
earning capacity is impaired through illness or disability of the mind or body
and who has not attained the age of twenty-two years; |
"district"
has the same meaning as in the Magistrates Act; |
"drug addict"
means a person (not being a mentally disordered person under the
Mental Health Act) who, by reason of the habitual taking or using, otherwise
than upon medical advice, of any drug to which any of the provisions of the
Dangerous Drugs Act applies- |
(a) is at times
dangerous to himself or to others, or incapable of managing himself or his
affairs; or |
(b) so conducts
himself that it would not be reasonable to expect a spouse of ordinary
sensibilities to continue to cohabit with him; |
"habitual
drunkard" means a person (not being a mentally disordered person within
the meaning of the Mental Health Act) who by reason of habitual drinking of
intoxicating liquor- |
(a) is at times
dangerous to himself or to others or incapable of managing himself or his
affairs; or |
(b) so conducts
himself that it would not be reasonable to expect a spouse of ordinary
sensibilities to continue to cohabit with him; |
"interim
order" means an order made under section 7 and includes an order made
under section 9 varying or reviving an order made under section 7; |
"matrimonial
order" means an order made under section 4 and includes an order made
under section 9 varying or reviving an order under section 4; |
"rules"
means rules made under section 16. |
(2) For the
purposes of this Act, adultery or cruelty shall not be deemed to have been
condoned by reason only of a continuation or resumption of cohabitation between
the parties for one period not exceeding three months, or of anything done
during such cohabitation, if it is proved that cohabitation was continued or
resumed, as the case may be, with a view to effecting a reconciliation. |
3. (1) A married woman or a married man may apply to
the court for an order under this Act against the other party to the marriage
on any of the following causes of complaint arising during the subsistence of
the marriage that is to say, that the defendant- | Jurisdiction of court in matrimonial proceedings. |
(a) has
deserted the applicant; or |
(b) has been
guilty of persistent cruelty to- |
|
(ii) an
infant child of the applicant; or |
(iii) an
infant child of the defendant who, at the time of the cruelty, was a child of
the family; or |
(c) has been
found guilty- |
(i) on
information of any offence which involved an assault upon the applicant; or |
(ii) by
a court, whether or not presided over by a stipendiary and circuit magistrate,
of an offence against the applicant under section 134(2) or 135(1) of the Penal Code; |
(iii) of,
or an attempt to commit, an offence under sections 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22 or 23 of
the Sexual Offences and Domestic Violence Act, 1991 against an infant child of
the applicant or against an infant child of the defendant, who, at the time of
the commission of, or attempt to commit, the offence, was a child of the
family; or |
(d) has
committed adultery; or |
(e) while
knowingly suffering from a venereal disease has insisted on, or has without the
applicant being aware of the presence of that disease, permitted sexual
intercourse between the applicant and the defendant; or |
(f) is for the
time being an habitual drunkard or a drug addict; or |
(g) being the
husband, has compelled the wife to submit herself to prostitution; or |
(h) being the
husband, has wilfully neglected to provide reasonable maintenance for the wife
or for any child of the family who is, or would but for that neglect have been,
a dependant; or |
(i) being the
wife has wilfully neglected to provide, or to make a proper contribution
towards, reasonable maintenance for the husband or for any child of the family
who is or would but for that neglect have been, a dependant, in a case where,
by reason of the impairment of the husband's earning capacity through age,
illness or disability of mind or body, and having regard to any resources of
the husband and wife respectively which are, or should properly be made,
available for the purpose, it is reasonable in all the circumstances to expect
the wife so to provide or contribute. |
(2) The court
shall have jurisdiction to hear an application under this section- |
(a) if at the
date of making the application either the applicant or the defendant ordinarily
resides within the district; or |
(b) except in
the case of an application under paragraph (c) of subsection (1), if the cause
arose wholly or partly within the district; or |
(c) in the case
of an application under paragraph (c), of subsection (1), if the offence or
attempt to which the application relates occurred within the district. |
4. (1) Subject to this section and section 6, on
hearing an application under section 3 by either of the parties to a marriage,
the court may make a matrimonial order containing any one or more of the
following provisions, namely | Order by court in matrimonial proceedings. |
(a) a provision
that the applicant be no longer bound to cohabit with the defendant (which
provision while in force shall have effect in all respects as a decree of
judicial separation); |
(b) a provision that the husband shall pay to the wife such
weekly sum and, if the court sees fit, in addition such periodical lump sum as
the court considers reasonable in all the circumstances of the case; |
(c) where, by reason of the impairment of the husband's
earning capacity through age, illness or disability of mind or body, it appears
to the court reasonable in all the circumstances of the case so to order, a
provision that the wife shall pay to the husband such weekly sum and, if the
court sees fit, in addition such periodical lump sum as the court considers
reasonable in all the circumstances of the case; |
(d) a provision
for the legal custody of any child of the family who is under the age of eighteen years: |
(e) if it
appears to the court that there are exceptional circumstances making it
impracticable or undesirable for any such child as aforesaid to be entrusted to
either of the parties, a provision committing the care of the child to a
relative of the child or to a person, named by the court willing to undertake
such care: |
(f) a
provision for access to any child of the family by either of the parties or by
any other person who is a parent of that child, in a case where the child is
committed by the order to the legal custody of a person other than that party
or parent; |
(g) a provision for the making by the defendant or by the
applicant or by each of them far the maintenance and education of any child of
the family of weekly payments and of such periodical lump sum as the court may
determine, for each child, being- |
(i) if
and for so long as the child is under the age of eighteen years, payments to
any person to whom the legal custody of the child is for the time being
committed by the order or by any other order made by a court and for the time
being in force; |
(ii) if
it appears to the court that the child is, or will be, or, if such payments were
made, would be, a dependant though over the age of eighteen years, and that it
is expedient that such payments should be made in respect of that child while
such a dependant, payments to such person (who may be the child) as may be
specified in the order, for such period during which the child is over that age
but under the age of twenty-two as may be so specified. |
(2) Where on an
application under section 3 the court makes a matrimonial order on the ground
that the defendant is for the time being an habitual drunkard or a drug addict,
and the order contains such a provision as is mentioned in paragraph (a) of
subsection (1), then, if in all the circumstances, and after giving each party
to the proceedings an opportunity of making representations, the court thinks
it proper so to do, the court may include in that order- |
(a) if the
applicant is the husband, a provision such as is mentioned in paragraph (b) of
subsection (1); or |
(b) if the
applicant is the wife, a provision such as is mentioned in paragraph (c) of
that subsection, but save as aforesaid paragraph (b) or (c) shall not authorise
the court to require any payment such as is therein mentioned to be made by the
applicant. |
(3) The court
hearing an application under section 3 shall not make a matrimonial order
containing a provision such as is mentioned in paragraph (a), (b) or (c) of
subsection (1)- |
(a) on the
ground that the defendant has committed an act of adultery, unless the court is
satisfied that the applicant has not condoned or connived at, or by wilful
neglect or misconduct conduced to, that act of adultery; or |
(b) where the
applicant is proved to have committed an act of adultery during the subsistence
of the marriage, unless the court is satisfied that the defendant has condoned
or connived at, or by wilful neglect or misconduct conduced to, that act of
adultery. |
(4) The court
shall not make an order containing- |
(a) such a
provision as is mentioned in paragraph (d) or (e) of subsection (1) in respect
of any child with respect to whose custody an order made by any other court in
The Bahamas is for the time being in force; |
(b) such a
provision as is mentioned in paragraph (e) or (f) of subsection (1) in respect
of any child who is already for the purposes of the Children and Young Persons
(Administration of Justice) Act in the care of an institution; |
(c) such a
provision as is mentioned in paragraph (f) of subsection (1) in respect of any
child in respect of whom the order contains such a provision as is mentioned in
paragraph (e) of subsection (1). |
(5) In considering
whether any, and if so what, provision should be included in a matrimonial
order under paragraph (g) of subsection (1) for payments by one of the parties
in respect of a child who is not a child of that party, the court shall have
regard to the extent, if any, to which that party had, on or after the
acceptance of the child as one of the family, assumed responsibility for the
child's maintenance, and to the liability of any person other than a party to
the marriage to maintain the child. |
(6)
On an application under section 3, in considering whether any, and if so what,
provision should be included in a matrimonial order under paragraph (b) or (c)
of subsection (1), the court shall, without prejudice to the consideration of
any other matters under those paragraphs, have regard to- |
(a) the income,
earning capacity, property and other financial resources which each of the
parties to that marriage has or is likely to have in the foreseeable future; |
(b) the
financial needs, obligations and responsibilities which each of the parties to
the marriage has or is likely to have in the foreseeable future; |
(c) the
standard of living enjoyed by the parties to the marriage before the occurrence
of the conduct which is alleged as the cause of complaint of the application; |
(d) the age of
each party to the marriage and the duration of the marriage; |
(e) any
physical or mental disability of either of the parties to the marriage; |
(f) the
contributions made by each of the parties to the welfare of the family,
including any contribution made by looking after the home or caring for the
family; |
(g) any other
matter which in the circumstances of the case the court may consider relevant
including, so far as it is just to take into account, the conduct of each of
the parties in relation to the marriage. |
(7)
In considering whether any, and if so what, provision should be included in a
matrimonial order under paragraph (g) of subsection (1), the court shall have
regard to all the circumstances of the case including- |
(a) the
financial needs of the child; |
(b) the income,
earning capacity (if any), property and other financial resources of the child; |
(c) any
physical or mental disability of the child; |
(d) the
standard of living enjoyed by the family before the occurrence of the conduct
which is alleged as the cause of complaint of the application; |
(e) the manner
in which the child was being and in which the parties to the marriage expected
him to be educated or trained; |
(f) the
matters mentioned in relation to the parties to the marriage in paragraphs (a)
and (b) of subsection (6). |
(8)
Without prejudice to the generality of paragraphs (b), (c) or (g) of subsection
(1), on an application under section 3, a matrimonial order containing a
provision for the payment of a lump sum may be made for the purpose of enabling
any liabilities or expenses reasonably incurred in maintaining the applicant,
or any child of the family to whom the application relates, before the making
of the order to be met. |
(9)
The amount of any lump sum required to be paid by a matrimonial order shall not
exceed one thousand dollars. |
5. (1) Where the court has begun to hear an
application- | Special powers and duties with respect to children. |
|
(b) for the
variation of a matrimonial order by the revocation, addition or alteration of
provision for the legal custody of a child; or |
(c) for the
revocation of a matrimonial order consisting of or including any such provision
as aforesaid, |
then,
whether or not the court makes the order for which the application is made, but
subject to subsections (4) and (5) of section 4 and subsection (6) of this
section, the court may make a matrimonial order containing or, as the case may
be, vary the matrimonial order so that it contains, any provision such as is
mentioned in paragraphs (d) to (g) of subsection (1) of section 4 which, after
giving each party to the proceedings an opportunity of making representations,
the court thinks proper in all the circumstances, and the court shall not
dismiss or make its final order on any application in a case where the powers
conferred on the court by this subsection are or may be exercisable until it
has decided whether or not, and if so, how, those powers should be exercised. |
(2) Where, on
hearing such an application as aforesaid or an application for the variation of
a matrimonial order by the revocation, addition or alteration of provision for
access to a child, the court, after it has made any decision which falls to be
made on the application with respect to any provision as is mentioned in
paragraphs (a) to (c) of subsection (1) of section 4, is of the opinion that it
has not sufficient information to make the decision required by subsection (1)
or, as the case may be, to make a decision as to access to the child, the court
may call for a report, either oral or in writing, by a probation officer, with
respect to such matters as the court may specify, being matters appearing to
the court to be relevant to that decision. |
(3) Any statement
which is or purports to be a report in pursuance of subsection (2) shall be
made, or if in writing be read aloud, before the court at a hearing of the
application, and immediately after it has been so made or read aloud the court
shall ask whether any party of the proceedings, who is present or represented
by counsel at the hearing, objects to anything contained therein and where
objection is made- |
(a) the court
shall require the officer by whom the statement was or purported to be made, to
give evidence on oath with respect to the matters referred to therein; and |
(b) any party
to the proceedings may give or call evidence with respect to any matter
referred to in the statement or in any evidence given by the officer. |
(4) Subject to
subsection (5), the court may take account of any statement made or read aloud
under subsection (3) and of any evidence given under paragraph (a) of that
subsection, so far as that statement or evidence relates to the matters
specified by the court under subsection (2), notwithstanding any enactment or
rule of law relating to the admissibility of evidence. |
(5) A report in
pursuance of subsection (2) shall not include anything said by either of the
parties to a marriage in the course of an interview which took place with, or
in the presence of, a probation officer with a view to the reconciliation of
those parties, unless both parties have consented to its inclusion and if
anything so said is included without the consent of both those parties as part
of any statement made or read aloud under subsection (3) then, unless both
those parties agree otherwise, that part of the statement shall, for the
purposes of the giving of evidence under subsection (3) and for the purposes of
subsection (4), be deemed not to be contained in the statement. |
(6) On the hearing
of an application under section 3, in the case of which there is a child of the
family who is not a child of both the parties, other than a child with respect
to whose custody an order made by a court in The Bahamas is for the time being
in force- |
(a) subsections
(1) and (3) shall have effect as if any person who, though not a party to the
proceedings, is a parent of that child and who is present or represented by
counsel at the hearing were a party to the proceedings; and |
(b) if any such
person is not so present or represented, the court shall not make a matrimonial
order on the application unless it is proved to the satisfaction of the court,
on oath or in such other manner as may be prescribed, that such steps have been
taken as may be so prescribed with a view to giving notice to that person of
the making of the application and of the time and place appointed for the
hearing: |
Provided that
nothing in paragraph (b) shall require notice to be given to any person as the
father of a child born out of wedlock unless that person has been adjudged by a
court to be the father of that child. |
(7) Where for the
purposes of this section the court adjourns the hearing of any application,
then on the court being satisfied that adequate notice of the time and place of
the resumption of the hearing has been given to the parties, the court may
resume the hearing at the time and place appointed notwithstanding the absence
of both or all of the parties. |
6. Where, on hearing any application under section 3,
the court is of the opinion that any of the matters in question between the
parties would be more conveniently dealt with by the Supreme Court, the court
may refuse to make a matrimonial order on the application and no appeal shall
lie from that refusal, but, if in any proceedings in the Supreme Court relating
to or comprising the same subject matter as that application the Supreme Court
so orders, the application shall be re-heard and determined by a court in the
same district as the first mentioned court. | Refusal of order in case more suitable for Supreme
Court. |
7. (1) Where in the case of any application made to a
court under section 3- | Interim order by court or Supreme Court. |
(a) the court,
at any time before making its final order on the application, adjourns the
hearing of the application for any period exceeding one week; or |
(b) the court
refuses under section 6 to make a matrimonial order on the application; or |
(c) after such
a refusal by the court as aforesaid, or on an appeal under section 12 from, or
from the refusal of, a matrimonial order on the application, the Supreme Court
under section 6 or 12 orders that the application shall be re-heard by the
court, |
then, in a
case falling within paragraph (a) or (b), the court, or in a case falling
within paragraph (c) thereof the Supreme Court, may make an order under this
section (in this Act referred to as an "interim order"). |
(2) An interim
order may contain- |
(a) any such
provision as is mentioned in paragraphs (b), (c) or (g) of subsection (1) of
section 4; and |
(b) where by
reason of special circumstances the court thinks it proper, but subject to
subsection (4) of section 4, any provision such as is mentioned in paragraph
(d) or (f) of that subsection, |
and for the
purposes of paragraph (a) the references in subparagraph (i) of the said
paragraph (g) to any person to whom the legal custody of a child is for the
time being committed by an order shall be construed as including a reference to
any person, being one of the parties or a parent of the child, who for the time
being has the care of the child and the appeal relates only to such a provision
of the order as is mentioned in paragraph (a). |
(3) Without
prejudice to sections 8, 9 and 12, an interim order in connection with any
application shall cease to be in force on whichever of the following dates
occurs first, that is to say- |
(a) the date,
if any, specified for the purpose in the interim order; |
(b) the date of
the expiration of the period of three months beginning with the date of- |
(i) the
making of the interim order; or |
(ii) if
the interim order is one of two or more such orders made with respect to the
application under the same paragraph of subsection (1), the making of the first
of those interim orders; |
(c) the date of
the making of a final order on, or the dismissal of, the application by a
court. |
(4) An interim
order made by the Supreme Court under this section ordering that an application
be reheard by a court shall, for the purposes of its enforcement and for the
purposes of section 9, be treated as if it were an order of that court and not
of the Supreme Court. |
(5) The powers
conferred on the Supreme Court by this section shall be without prejudice to
the powers of that court on an appeal under section 12 from the refusal of an
interim order by a court. |
8. (1) Where a matrimonial or interim order is made
while the parties to the marriage in question are cohabiting- | Suspension or cessation of orders. |
(a) the order
shall not be enforceable and no liability shall accrue thereunder until they
have ceased to cohabit; and |
(b) if in the
case of a matrimonial order they continue to cohabit for a period of three
months beginning with the date of the making of the order, the order shall
cease to have effect at the expiration of that period: |
Provided that,
unless the court in making the order directs otherwise, this subsection shall
not apply to any provision of the order |
(i) committing
a child to the legal custody of a person other than one of the parties, or for
access to that child by either of the parties or by any other person who is a
parent of the child; or |
(ii) for the making
by either or each of the parties to a person other than one of the parties of
payments for the maintenance of a child. |
(2)
Notwithstanding section 9, any provision of a matrimonial or interim order,
other than such a provision as is referred to in the proviso to subsection (1),
shall cease to have effect upon the parties to the marriage in question
resuming cohabitation. |
(3) Where after
the making by a court of- |
(a) a
matrimonial order consisting of or including a provision such as is mentioned
in paragraph (b), (c) or (g) of subsection (1) of section 4; or |
|
proceedings
between, and relating to the marriage of, the parties to the proceedings in
which that order was made have been commenced in the Supreme Court, the Supreme
Court may, if it thinks fit, direct that the said provision, or, as the case
may be, the interim order, shall cease to have effect on such date as the
Supreme Court may specify. |
9. (1) A matrimonial order or an interim order may be
revoked, revived or varied by the court by order on application whatever the
time at which it is made, and for the avoidance of doubt it is hereby declared
that the expressions "vary" and "variation" in relation to
any order includes the addition to that order of any provision authorised by
this Act to be included in that order. | Revocation, revival and variation of orders. |
(2) Where, on an
application for the revocation of a matrimonial order, it is proved that the
parties to the marriage in question have resumed cohabitation or that the party
on whose application the order was made has during the subsistence of the
marriage committed an act of adultery, the court shall revoke the order: |
Provided that the
court shall not revoke the order by reason of such an act of adultery as
aforesaid- |
(i) except at
the request of the person who was the defendant to the proceedings in which the
order was made; or |
(ii) if the
court is of the opinion that the person aforesaid has condoned, or connived at,
or by wilful neglect or misconduct conduced to, that act of adultery, |
and shall
not be bound by reason of that act of adultery to revoke any provision of the
order included therein under paragraphs (d) to (g) of subsection (1) of section
4. |
(3) On hearing an
application under this section the court may remit the whole or any part of any
sum due under the order. |
10. (1) It is hereby declared that any jurisdiction
conferred on a court under section 9 is exercisable notwithstanding that the
proceedings are brought by or against a person residing outside The Bahamas: | Application for variation etc., by or against person
outside The Bahamas. |
Provided that a
matrimonial order shall not be varied by the addition of such a provision as is
mentioned in paragraph (a) of subsection (1) of section 4 if the defendant to
the application for the variation resides outside The Bahamas. |
(2) Where, at the
time and place appointed for the hearing of an application under section 9 the
defendant does not appear but- |
(a) the court
is satisfied that there is reason to believe that the defendant has been
outside The Bahamas during the whole of the period beginning one month before
the making of the application and ending with the date of the hearing; and |
(b) it is proved
to the satisfaction of the court, on oath or in such other manner as may be
prescribed, that such steps have been taken as may be prescribed with a view to
giving notice to the defendant of the making of the application and of the time
and place aforesaid, |
the court
may, if it thinks it reasonable in all the circumstances, hear and determine
the application at the time and place appointed for the hearing or for any
adjourned hearing in like manner as if the defendant had appeared at the time
and place. |
(3) Where an
application for the revocation or variation of any provision for the making of
payments by the applicant to the defendant is heard under subsection (2) in the
absence of the defendant, and the court is satisfied that there is reason to
believe that during the period of six months immediately preceding the making
of the application the defendant was continuously outside The Bahamas or was
not in The Bahamas for more than thirty days, then if, in all the
circumstances, and having regard to any communication to the court in writing
purporting to be from the defendant, the court thinks it reasonable so to do,
the court may make the order for which the application is made or make such
variation in that provision by way of reducing the amount of the payments as
the court thinks fit. |
(4) For the
purposes of the hearing under subsection (2), in the absence of the defendant,
of an application for the revocation or variation of the matrimonial order
under which payments fall to be made by the applicant to the defendant through
the court, a certificate in writing by the court dated not earlier than ten
days before the date of the hearing and stating that, during the period
mentioned in paragraph (a) of subsection (2) (or so much thereof as precedes
the date of the certificate) or, as the case may be, during the period
mentioned in subsection (3)- |
(a) every
payment made under the order has been forwarded by the court to an address
outside The Bahamas; and |
(b) the
defendant has not to the knowledge of the court been in The Bahamas at any time
or, in the case of the period mentioned in subsection (3), for more than thirty
days, |
shall be
sufficient evidence that there is reason to believe as mentioned in paragraph
(a) of subsection (2), or, as the case may be, in subsection (3). |
(5) Nothing in
this section shall be construed as authorising the making of an order under
section 9 against a person residing outside The Bahamas for the inclusion in a
matrimonial or interim order of any provision requiring payments to be made by
that person exceeding in amount those, if any, required to be made by him under
the order sought to be varied, unless the order under section 9 is made at a
hearing at which either that person appears or it is proved to the satisfaction
of the court that the summons was served on the defendant within what appears
to the court to be a reasonable time before the hearing or adjourned hearing or
the defendant has appeared on a previous occasion to answer to the application. |
11. (1) An application under section 9 for the
revocation, revival or variation of a matrimonial or interim order may be made
in the following cases by the following persons in addition to the parties to
the marriage in question, that is to say- | Parties to application for variation, etc. |
(a) where a
child of the family is not a child of both the parties to the marriage, an
application relating to any provision with respect to the child such as is
mentioned in paragraph (d) or (f) of subsection (1) of section 4 may be made by
any person who, though not one of the parties to the marriage, is a parent of
the child; |
(b) an
application relating to payments under the order such as are mentioned in
paragraph (g) of subsection (1) of section 4 may be made by any person to whom
such payments fall, or upon the making of the order for which the application
is made would fall, to be made; |
(c) where under
the order a child is for the time being committed to the legal custody of some
person other than one of the parents, an application relating to any provision
with respect to the child such as is mentioned in paragraph (d) or (f) of
subsection (1) of section 4 may be made by any person to whose legal custody
the child is committed by the order or who seeks the legal custody of the child
by the application. |
(2) Provision may
be made by rules as to what persons shall be made defendants to any such
application as aforesaid and where in the case of any such application there
are two or more defendants, the court shall have power, whatever adjudication
the court makes on the application, to order any of the parties to pay the
whole or part of the costs of all or any of the other parties. |
12. (1) Subject to section 6 and subsection (2) of
section 7, an appeal shall lie to the Supreme Court from, the refusal or
revocation of, or a refusal to revoke, a matrimonial order or interim order by
a court. | Appeals. |
(2) Subject to
subsection (3), any order of the Supreme Court shall, for the purposes of the
enforcement of the order, be treated as if it were an order of the court from
which the appeal was brought and not of the Supreme Court. |
(3) Subsection (2)
shall not apply to an order directing that an application shall be re-heard by
a court, or, without prejudice to the provisions of subsection (4) of section
7, to an order to which that subsection applies. |
13. An application under section 3 on the grounds of
the commission of an act of adultery by the defendant may be heard if it is
made within six months of the date when that act first became known to the
applicant. | Time limit for application where ground is adultery. |
14. (1) The payment of any sum of money directed to be
paid by an order made under this Act may be enforced in the same manner as the
payment of money is enforced under an order made under the
Affiliation Proceedings Act, and, for such purpose, references in that Act to a
putative father shall be deemed to be references to a person required by an
order made under this Act to make payments to another. | Enforcement. |
(2) Where an order
made under this Act contains a provision committing a child to the legal
custody of any person, a copy of that order may be served on any other person
in whose actual custody the child for the time being is and, without prejudice
to any other remedy which may be available, may be enforced as if it were an
order of the court requiring that other person to give up the child to the
person to whom the legal custody of the child is committed. |
(3) Any person for
the time being under an obligation to make payments under any order made in
proceedings brought under this Act, shall give notice to such persons, if any,
as may be specified in the order, of any change of address and any person who
without reasonable excuse fails to comply with this subsection is guilty of an
offence and is liable upon summary conviction to a fine not exceeding
twenty-five dollars. |
15. It is hereby declared that any jurisdiction
conferred upon a court by this Act is exercisable notwithstanding that any
party to the proceedings is not domiciled in The Bahamas. | Parties domiciled outside The Bahamas. |
16. The Rules Committee constituted under section 75
of the
Supreme Court Act may make rules for prescribing anything to be prescribed, for
regulating proceedings and, subject to the provisions of that section, for prescribing
the fees to be paid, under this Act. | Rules. |
17. [i]*
Sections 101 to 110 inclusive of the Magistrates Act are repealed:Provided that
notwithstanding the repeal of the said sections, any application, order or
other thing done under or by virtue of any of the said sections replaced by
this Act shall, so far as is pending and in force immediately before the
commencement of this Act, continue to have effect as if made or done under or
by virtue of the corresponding provision in this Act and anything begun under
any of the said sections may be continued under this Act as if begun under this
Act. | Repeal and saving. |