Mom wants guidance for court case with dad

DEAR MRS MACAULAY, I was given a summons from my babyfather to go to court. He’s saying that he is taking care of our kids, and I’m not allowing him to see them, which is a lie. It has been a year now that we have moved from around him, and he has never given the children money or food the entire time. In fact, he has only given them a bicycle from the time they were born. I have all my receipts that I am the one who pays for everything. I have never been inside a courtroom before. What can I do to let the judge know that this man is lying?

It is unfortunate that you have not given any facts really about your children, not even how many you and this man have, and their ages and sexes. These are very relevant facts which help lawyers assess what needs to be done in their best interests, and to ensure that full and proper provisions are made for their development in every way.

You say that the father of your children has never provided for them from the dates of each of their respective births, save for giving them a bicycle at some point.

You also say that you and your children moved away from him a year ago, and you specify that he has never given the children any money or food the entire time. I have no idea how long this is, because I do not know the ages of any of your children.

You say that you have never been inside a courtroom before. I am afraid that for a woman who is the mother of children, had with a man who is clearly an irresponsible, selfish, and unfit parent, you ought not to seem to be boastful about never being in a court before. You owed it to your children to have taken this man to court to obtain the necessary orders for your children to obtain their legal entitlements from their father and their legally awarded times of access with him. All these may have forced him to be trained to be a father, as according to you he has not been such from their respective births.

Since you failed to take him to court (which you should have done), he has taken you, and put you in the defensive position to answer to this assertions.

Well yes, you must defend yourself against his claims and if he does assert in court that he has been providing for the children, ask that he produce his proof of what he has provided and when he did so, and for what. But this is not all that you need to do. You say that you have all your receipts, this is good; but you must, in your evidence, tell the court after his part of the case is done, what work you did and do, to provide for your children and produce your receipts. Make sure that you have photocopies of every one of them, and if you have a witness who can support your evidence of your working and spending your earnings to provide for your family, then you should ask that person to come to court for the hearing and give evidence for you.

This, however, is not enough, because you must secure the best for your children. To do so, you must go the Family Court with his summons and a set of the copies of your receipts, and tell the clerk that you want to make your own applications to the court, which if there is sufficient time for him to be served with it before the date of the hearing of his own, you would wish for yours to be fixed for hearing on the same date as his. You would in fact be crossing his case with yours. You must apply for “legal custody” of your children, and also an order for you to have “care and control” of each of the children, and for orders for fixed times for his specific access to the children; and also an order for him to contribute specific sums of money for each child to meet at least 50 per cent of the costs to maintain each of the children for fixed periods of time — for example, per week, fortnight or monthly. AND ask for him to make his payments to the financial officer of the court.

You can then collect the money from the court’s office. This makes to easier to prove his default, if he fails to make his payments, and to have a warrant issued when he fails to pay for a good period of time, so that he is brought to the court to pay up or explain to the judge the reason for his failure, or be locked up in jail until he pays up the arrears..

I must tell you that it would be better if you could obtain the services of an attorney-at-law to appear for you and your children. I am really hoping that you can, especially as you are a stranger to legal processes. I do not know whether you are confident or not and whether the dad is a glib talker who can lie easily.

A lawyer in your corner would really be an asset. If you cannot manage this, what you must do is have the clerk prepare the applications I have told you to make. Please mother, you must do this for your children and ultimately for yourself. So get your application done for legal custody, care and control, maintenance contributions, and to fix his access to the children.

There is no money charged for the clerk to the Family Court to help you to prepare, file, fix the date of hearing (the same date as the father’s, if possible), and arrange for the bailiff of the court to serve him with your applications. If yours are fixed after his date, you or your lawyer must make sure to mention this in court.

Do not fail your children again. I wish you and your children all the very best and you must fight so that this man does not succeed in messing up their lives.

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.