Mom wants support from dad in Cayman

Dear Mrs Macaulay,

I am seeking your advice regarding child maintenance and visitation rights concerning my son’s father, who currently resides in the Cayman Islands.

My son is now in his final year of high school. He was diagnosed with dyslexia several years ago and therefore attends both day school and evening classes to support his learning. His father previously contributed $50,000 per month; however, this amount primarily covers my son’s daily expenses. It does not cover his school fees, examination fees, evening school tuition, or other educational expenses.

My son recently sat one CSEC subject and successfully passed. He was very proud of this achievement. However, shortly after this, his father stopped contributing toward school-related expenses.

His father has repeatedly expressed negative views about education and has often argued with our son, telling him that he is wasting his money on school. Instead of encouraging him or increasing his support at such an important stage in his education, his father withdrew his support for several school-related expenses.

Since September 2025, he insists that he is only obligated to send the $50,000.

He is a successful professional and appears to have the financial capacity to contribute more meaningfully toward our son’s educational and developmental needs.

More recently, after I raised concerns about these issues, he stated that he would stop sending money altogether out of spite.

Additionally, since our son turned 14, his father has not allowed him to visit him overseas. I find this troubling, as it limits their relationship and affects our son’s emotional well-being. At this stage, my son is becoming increasingly resentful due to the lack of support and contact.

Can I pursue legal action in Jamaica for child maintenance even though the father resides in the Cayman Islands, or would the matter need to be filed in the Cayman Islands? Can the court require him to contribute toward school-related expenses? Is it possible to request that the court grant visitation rights so that my son may visit his father overseas?

It is so unfortunate when mothers do not ensure that the fathers of their children are bound by court orders from the inception, or by way of a legally binding written agreement drawn up in the manner stated in the Maintenance Act as it was, and as it is now amended.

It seems to me that you and your son’s father had an agreement for your son’s general maintenance.   Since you have not used the words court ordered, I have concluded that you and the father agreed that he would make the monthly sum, and contribute to your son’s educational expenses.  You have also not made any reference to the father making any contributions for your son’s medical expenses.

Had you made the application for maintenance to the Family Court and obtained an order of the court, it would have (should have) clearly ordered the father to pay the sum for general maintenance, and that he contribute 50 per cent of all educational, medical, dental and optical expenses and specifically state the terms of the father’s access, the dates, and since he lives abroad, that he would pay the required costs to effect the journey to him and the journey back home to you.

It is not too late for you to apply to the Family Court for the ordered maintenance contributions for your child even though your son is now in his final year of high school. But you must act quickly and go to the Family Court of your parish, pursuant to the amended Maintenance Act, which was amended in 2024 and came into force in 2025.  It extends the age when applications can be made even if the child has attained the age of 18, and onto 23 years, if the child is still pursuing their education or training.  It also covers children who had not had any court order for maintenance made before such an application, which can now be made after 18 and up to 23 years of age.

The Children (Guardianship and Custody) Act under which custody and access orders are made was also impacted, as its age range was also extended to 23 years of age. I should point out that what you refer to as “visitation rights” is an Americanism – in our legal system the correct term is “access rights”. You have not stated your son’s age, but as you can now see and understand, it matters not if he is not yet 18 or if he is already 18 years of age.

You must go to the Family Court office with a certified copy of your son’s birth certificate and information of your financial situation and clear details of all your son’s full expenses.

These must include proportionally with yours of the costs for his housing (whether rental or mortgage); costs of utilities services including phone and cable charges;  food and general supermarket supplies including cleaning and upkeep of home and garden supplies and charges; cost of his transportation; the cost of his personal necessities and clothing for all occasions; footwear for all occasions; hair costs; personal toiletries and a sum for amusements and attendances at sports events and outings of school, church or otherwise; and at least 50 per cent of educational, medical, dental and optical expenses.

You must, and I repeat that you must, disclose the diagnosis of his dyslexia (take a copy of this if you have it at hand or tell them that you will produce that later and before the hearing date). You should also have ready and take with you all the information you have about your son’s father – his name, address, age, profession and occupation, and any facts you have about his financial situation (photos of properties, house, cars, boats, business place, anything of value).  You must also tell the intake clerk about the arrangement/agreement which you and he had, from what date, and that he was paying the $50,000 per month and was also contributing ‘extra’ towards his son’s school educational expenses, but he recently stopped making these.

You must also report that as to the issue of access, your son used to visit him and he has since then refused that your son visit him at all.   So you must include this as well in your application and that he must pay the expenses for his son to travel to him and his return home to you.

Why do I say this and urge you to go quickly to the Family Court?  Well, there is nothing in law to stop you from filing for the necessary orders here in Jamaica even though your son’s father resides in the Cayman Islands, which is a British Overseas Territory. It is therefore a part of the Commonwealth and as such Jamaica (which has a long history of governance with Cayman) has reciprocal arrangements for the enforcement of each other’s court orders.  This is pursuant to the Maintenance Orders (Facilities for Enforcement) Act.

The clerk of the Family Court will give you all the assistance you need to pursue your applications for your son’s proper maintenance arrangements which his father, by law, is obligated to provide, and his access visits which are and must take place because his having a relationship with his father is in the child’s best interests and necessary for his overall welfare. This principle is a basic, fundamental and guiding principle which guides the court’s decisions when dealing with cases which affect children’s lives, welfare and development.

So you see, the father being in Cayman is not an obstruction to your son having his legal and fundamental rights ordered for the father to meet his own legal obligations as a parent. Our laws recognise that both parents have an equal duty to maintain their children and to apply for custody of the child.  You as his mother have had sole custody and care and control of him all these years, and clearly his father never challenged this state of affairs and agreed to provide for his maintenance. He cannot now renege from his legal duty and obligation to maintain his child until he is 23 years old, if his son is pursuing some course of studies or training. In addition, he is legally obligated to adhere to his son having access visits with him where he has chosen to reside.

So I think I have answered all your questions.  Yes, you can file for your son’s maintenance even though his father resides in the Cayman Islands.

Yes, the court can order that he contributes to his son’s educational expenses and any necessary extra educational studies and sports and other developmental pursuits.

He also has to contribute to his medical, dental and optical expenses.

Yes, you must apply also that your son’s access to his father, by at least one visit a year continues at his expense, and that the access must include video and Zoom calls and any other form of communication.  Your son is entitled to have a familial relationship with his father and his paternal relatives.

Please therefore go the Family Court of your parish and make the necessary applications for your son’s benefit as soon as you can.

All the very best 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 private, personal responses.