Proof of paternity needed for child maintenance

Dear Mrs Macaulay,

I would like to know where I can obtain the forms to file for proof of paternity and child support. I currently live in to Ontario, Canada. The putative father of my child lives in Clarendon, Jamaica. Please let me know how to proceed.

You say that the person you allege is the father of your child, that is the putative father, resides in Clarendon and that you live in Canada. You are asking me to inform you where you can obtain ‘the forms’ to file an application for a declaration of the paternity of your child and you wish to know how to proceed.

I assume that you mean to apply to the Family Court and that you do not wish to obtain the services of a lawyer, though this would be the more prudent thing to do. See, you do not just fill in a form, because though there are printed forms, they are used by the intake officers at the court for the application and the affidavit in support. Your application must clearly state the orders which you seek, which should be first a declaration of paternity, then an order for sole custody, care and control of your child, and an order for maintenance for the child payable weekly/monthly into the collections office at the court or to your bank or some other means.

Then your affidavit in support of your application must contain certain statements of fact which must be included to meet the standard and burden of proof of the times and level of your period(s) of intimacy with the alleged father. If your affidavit does not contain what is required by law, your application will fail.

You must also produce and file a certified copy of the child’s birth certificate with your application.

Then you must also have supporting evidence of preferably two persons who must be able to state on oath, first in their supporting affidavits, that they knew of your intimate relationship with only the putative father, where they occurred and when, and that you became pregnant as a result. They should know that you carried the pregnancy and gave birth to the child, and where and when this happened. They should also state what the said father’s stated reactions were to your pregnancy, during its currency, and whether he assisted with the costs of your medical needs then and for your confinement and for the baby’s needs after birth.

The court’s officer, after your application is complete, would prepare the summons which would contain the fact of your application and the date and time of the hearing when the alleged father must attend, accompanied by your application and affidavits in support. These must be served on the alleged father by one of the court’s bailiffs.

You and your witnesses are generally required to give your evidence in person at the hearing of your application to the presiding judge of the court who has conduct of your matter. Your application must, of course, be made to the Family Court of your home parish, where you would allege the relationship and pregnancy occurred. If at the hearing the alleged father does not acknowledge his paternity, then a DNA test would be ordered to be done and a request should be made for him to meet the whole costs, otherwise the order would be that you both pay for it to be done. Your child’s sample must be obtained and this is generally taken directly from the child in the facility the court orders for it to be done. If this is not possible, for example because the child cannot travel to Jamaica for this purpose for a reason acceptable to the judge, other orders may be made to effect the taking of the sample in a safe and reliable way.

Only after the result of the DNA test is received will the court then decide the issue of paternity and if the test clearly shows the alleged father is indeed the biological father, the declaration will be made and the orders for your custody, care and control and maintenance can also be made.

I think after all this, you will understand why it is prudent for you to obtain the services of a lawyer to assist you to meet all that is required of you to obtain the declaration of paternity of your child and the other orders; all of which your child has a right to expect that you will ensure that he/she obtains as this would be in his/her best interests and future welfare and wholesome development.

So please be prudent and retain a lawyer as soon as you can and do what you must for your child.

All best wishes to you both.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only, and must not be relied upon as an alternative to legal advice from your own attorney.