The Maintenance Chronicles — Part 5: No Maintenance, No Child?

TRINIDAD & TOBAGO | FAMILY LAW STORY • EPISODE 5 OF 5

'If you eh pay maintenance, you eh seeing my child!'

After months arguing about money, Marcus wanted to spend time with Jayden. Alicia stood in the doorway: 'You owe maintenance, Marcus. Pay what you owe first!'

'But Jayden is my son too!' Marcus protested. Jayden, standing inside with his schoolbag, simply wanted the adults to stop fighting.

The law behind the drama: two separate questions

Maintenance concerns financial support. Custody, guardianship and access concern a child's care, legal decision-making and contact arrangements. They are not the same legal issue. A parent's non-payment does not automatically extinguish every possibility of contact with a child; nor does paying maintenance automatically guarantee a particular access arrangement.

Under section 3 of Trinidad and Tobago's Family Law (Guardianship of Minors, Domicile and Maintenance) Act, the child's welfare is the first and paramount consideration in relevant custody and upbringing decisions. The Act also provides routes for the Court to consider access and custody.

A special point for parents who never married

Unmarried fathers should not assume that biological fatherhood automatically resolves every issue about legal guardianship, custody or access. Establishment of paternity and the precise legal status of the parents can be significant. Section 6, together with the statutory provisions on paternity, should be considered carefully. A court order may be necessary where parents cannot agree.

Never overlook safeguarding

This is not a call for unrestricted access in every case. Where there are concerns about abuse, violence, neglect, coercive control or other risks, the child's safety must be assessed and appropriate legal protection sought. Existing court orders must be respected unless lawfully changed.

An ending—and a beginning

In our fictional story, Marcus and Alicia agreed that Jayden should not have to carry the emotional burden of their dispute. They sought proper advice about financial support and safe, child-focused contact arrangements. The adults still had disagreements, but Jayden's needs finally took centre stage.

You can end a romantic relationship. You can move out. You may never have married. But you cannot simply treat a child as a weapon, a debt collector or a bargaining chip.

THE FINAL LESSON: Children are people with needs and rights—not pawns in their parents' quarrels.

For readers outside Trinidad and Tobago

The principle of child-centred decision-making has international relevance, but rules about legal parenthood, maintenance, custody and contact vary widely between countries. This series is a Trinidad and Tobago case study, not a statement of foreign law.

Legal reference: Chap. 46:08, sections 3, 6, 13 and 15; Legal Aid and Advisory Authority, Understanding Guardianship versus Custody: https://laaa.org.tt/news-and-events/understanding-guardianship-versus-custody

The characters and events are fictional. This is educational commentary and does not replace tailored legal advice.