Family Law: Your Rights Explained

Family law is a vital area of legal practice that affects many aspects of our lives. Whether you are going through a divorce, dealing with child custody issues, or navigating the complexities of adoption, understanding your rights is crucial. This blog post aims to break down the essentials of family law, making it easier for you to grasp your rights and responsibilities.

Family law can be overwhelming, but it does not have to be. By the end of this post, you will have a clearer understanding of the key concepts and how they apply to your situation.

What is Family Law?

Family law encompasses a wide range of legal issues related to family relationships. This includes marriage, divorce, child custody, child support, adoption, and domestic violence. Each of these areas has its own set of laws and regulations, which can vary significantly from one jurisdiction to another.

Understanding family law is essential for anyone involved in these matters. It helps you know what to expect and how to protect your rights.

Key Areas of Family Law

Divorce

Based on the legal documents provided, here is an overview of the laws governing family matters, cohabitational relationships, domestic violence, and child welfare in Trinidad and Tobago.

Marriage and Divorce

The Matrimonial Proceedings and Property Act governs the dissolution of marriages. The sole ground for divorce is the Irretrievable breakdown of the marriage.

To grant a divorce, the Court must be satisfied of one or more of the following facts:

• Adultery: The respondent has committed adultery, and the petitioner finds it intolerable to live with them².

  
  

• Unreasonable Behaviour: The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them.

  
  

• Desertion: The respondent has deserted the petitioner for a continuous period of at least two years immediately before the petition is filed.

  
  

• Two Years Separation with Consent: The parties have lived apart for a continuous period of at least two years, and the respondent consents to the divorce.

  
  

• Five Years Separation: The parties have lived apart for a continuous period of at least five years.

  
  

Upon granting a decree of divorce, nullity, or judicial separation, the High Court has the authority to make various financial orders, including maintenance for a former spouse or children, and orders for the transfer or settlement of property.

Cohabitational Relationships

The Cohabitational Relationships Act grants legal rights and protections to individuals in long-term, unmarried relationships.

Key Definitions

• A "cohabitant" is a man or woman who has lived with a person of the opposite sex as a husband or wife in a cohabitational relationship.

  
  

• A "cohabitational relationship" is defined as a relationship between cohabitants who are not married to each other but are living together as husband and wife on a bona fide domestic basis.

  
  

Applying for Relief

To apply to the Court for a maintenance or property adjustment order, a cohabitant must demonstrate one of the following:

• The relationship lasted for a period of not less than five years.

  
  

• The applicant has a child from the relationship.

  
  

• The applicant has made substantial contributions (financial or otherwise), and a failure to make an order would result in grave injustice.

  
  

An application must generally be made within two years after the relationship ends. The Court can grant leave for a late application if not doing so would cause undue hardship. The High Court has jurisdiction over both property and maintenance orders, while the Magistrate's Court can only make maintenance orders.

Domestic Violence

The Domestic Violence Act, particularly with its 2020 amendments, provides a broad framework for protection against violence within various domestic contexts.

Expanded Protections

The law now offers protection to individuals in various relationships, including:

• Spouses or former spouses.

  
  

• Cohabitants or former cohabitants.

  
  

• Persons in a "dating relationship" (romantic, intimate, or sexual relations without living together).

  
  

• Persons in a "visiting relationship".

  
  

• Relatives, children, and dependants.

  
  

Forms of Abuse

Domestic violence includes physical, sexual, financial, and emotional or psychological abuse.

Emotional or psychological abuse is broadly defined to include a pattern of behaviour aimed at undermining a person's well-being, such as:

• Intimidation, threats, and abusive language.

  
  

• Stalking, watching, or following the person.

  
  

• Damaging property.

  
  

• Forced confinement.

  
  

• Unwelcome contact through any means, including electronic.

  
  

• Disseminating intimate images.

  
  

Protection Orders

A person in a domestic relationship can apply for a Protection Order. Police officers, social workers, and the Children's Authority can also apply on behalf of a victim, especially a child. The Court can issue an order if it is satisfied on a balance of probabilities that domestic violence has occurred or is likely to occur.

Children's Welfare: Guardianship, Custody & Maintenance

The Family Law (Guardianship of Minors, Domicile and Maintenance) Act centralizes the well-being of children in all legal proceedings concerning them.

Core Principles

• Welfare is Paramount: In any proceeding regarding the custody or upbringing of a minor, the court must treat the welfare of the minor as the first and paramount consideration.

  
  

• Equal Parental Rights: A mother and father have equal rights, authority, and responsibility regarding the custody, upbringing, and administration of property for their minor child.

  
  

Guardianship and Custody

• Unless a court orders otherwise, the mother and father are joint guardians of a minor.

  
  

• The mother of a minor born out of wedlock is the sole guardian until paternity is legally established.

  
  

• Either parent may apply to the Court for direction if there is a disagreement on any question affecting the child's welfare³⁶. The Court can make orders for legal custody and access as it sees fit.

  
  

Maintenance Payments: The CourtPay System

To modernize and streamline the payment of court-ordered maintenance, the Judiciary of Trinidad and Tobago has implemented the CourtPay system, as outlined in the 2019 Practice Direction.

• Electronic Payments: CourtPay is a system that manages court-ordered maintenance payments, allowing a payor to transfer funds into the Judiciary's custodial bank account via methods like a Top-up card, Linx, credit card, or direct debit.

  
  

• Disbursement: Funds are then paid out to the payee's bank account or a prepaid PayOut card.

  
  

• Mandatory Orders: When making a maintenance order, judicial officers are directed to include clauses stipulating that payments be made and received through the CourtPay system.

  
  
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  Transaction Fees: The payor is charged a non-refundable transaction fee for each payment, and this fee must be included as part of the maintenance order. A schedule of these fees is provided in the Practice Direction.

  
  
  
  

Final Thoughts on Family Law

Family law is a complex and often emotional area of the legal system. Understanding your rights and the legal processes involved can empower you to make informed decisions. Whether you are facing divorce, child custody issues, or other family law matters, knowing your rights is essential.

Remember, you do not have to navigate this journey alone. Seek support, educate yourself, and consider legal assistance when necessary. By taking proactive steps, you can protect your rights and work towards a resolution that is in the best interests of you and your family.

Disclaimer: This is general information and does not constitute legal advice.

You should consult with our qualified Attorney-at-Law for legal advice on your specific situation.