With the tabling of Custody, Contact, Guardianship and Maintenance Bill 2009
THE Custody, Contact, Guardianship and Maintenance Bill 2009, was recently tabled in the National Assembly and sent to Special Select Committee for review.

The Bill which is one of five pieces of legislation known as the Children’s Bill was brought to the National Assembly last week by Minister of Human Services and Social Security, Priya Manickchand.

This legislation states that the Court when making any decision with respect to custody, contact, guardianship and maintenance in relation to a child, must have regards to the best interest of the child.

Further, it is noted that when there is a petition by either parent for a divorce, separation or annulment, the court may postpone its decision until it decides on matters of custody. The rights that must be exercised by a parent to fulfill his parental responsibilities are also identified.

This Bill also makes provision for the court which has power when considering a question with respect to a child to request a probation officer or any other person the court considers appropriate to report on the welfare of the child.

Custody and Access
This section:
* provides for who may apply for custody of and access to a child;

* provides that a child has the right to know both parents and where custody is granted to one parent, this however, is removed once the child becomes 18 years unless the child has special needs;

* entitles a person who has no parental rights but has care and control of a child to apply for custody. In addition to granting a custody order, the court may also grant an ancillary order, such as a residence order;

* the court has power to appoint a technical or professional skilled to assess and report on the needs, the welfare, the ability and willingness of any of the parties to satisfy the needs of the child. 

Guardianship
This section:

* provides that both mother and father are guardians of a child;

* provides for the appointment of a guardian by a parent and a guardian so appointed shall have similar responsibilities of a parent and where guardians disagree as to the welfare of a child, anyone or more may apply to the court for an order regarding the disputed issues;

* also addresses the instances where the appointment of a guardian can be revoked and terminated.

Guardianship of property 
* sets out the criteria the court shall consider in appointing a guardian of property;

* states that a parent has preferential entitlement to be appointed by the court as a guardian of property;

* points out the responsibilities, obligations and rights of the guardian of the child’s property.

Maintenance
* deals with the duty of persons to maintain their children, the children of their spouse and a child of the family;

* provides for applications to be made asking for an assessment of maintenance;

* the court may request information from persons including employers and the state with respect to the income, assets of the parties in maintenance matters;

* maintenance orders may be valid until a child becomes 18 years old and may be extended to age 21 where the child is under going training or is being educated.

This Bill also makes provisions for the Minister of Human Services to make regulations, the savings of provisions related to children and minors under the Official receivers, Public Trustee and Deceased Persons Estates.