Maintenance of Children Act


Published: 1919

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Maintenance of Children (CAP. 256 1

CHAPTER 256

THE MAINTENANCE O F CHILDREN ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Proceedings against parent supposed to be about to leave

Antigua and Barbuda without making adequate
provision for child.

4. Power to Magistrate to prohibit parent from leaving
Antigua and Barbuda.

5. Contravention of Magistrate's order an offence.
6. Power of police officer to arrest without warrant.
7. Presumption of age of child.
8 . What to be deemed adequate provision in case of person

adjudged to be the father of a child.
9. Duration and recission of order.

MAINTENANCE O F CHILDREN

(8th November, 19 19 .) 1811919.
1711973.
3611986.
1811989.

1 . This Act may be cited as the Maintenance of short title.
Children Act.

2. In this Act- Interpretation.
"child" means a person who is under the age of six-

teen years;

6' parent" includes the mother of a child and any person
adjudged to be the father of a child;

LAWS OF ANTlGUA AND BARBUDA

2 c!Az?- 246) Maintenance of Children

Procesclingr
against paxnt
supposed ts be
about to leave
Antigua and
Barbuda without
making adequate
provision for
child.

b, Where it is ma& to appear to any Magistrate upon
oath that tb~rg i s reaqonable ground far believing that a parent
is about tg leave Antigua and Barbuda without making
adequate provision for the maintenance and care during his
absence of any child of his living in Antigua and Barbuda,
it shall be lawful far such Magistrate to issue a sumvans
directed to such parent requiring him to appear before the
Magistrate at the time therein mentioned and to show cause
why an order should not be made against him prohibiting
him from leaving Antigua and Barbuda;

Provided that the Magistrate may, if he thinks it
expedient so to do, either in the first instance or subsequently
to the issue of a summons, issue a warrant addressed to the
Commissioner of Police and all police officers of Antigua
and Barbuda, to apprehend such parent and cause him to
be brought before him or any other Magistrate.

Power to
Magistrate to 4. Where on the appearance of the parent before a
prohibit parent Magistrate it appears to the Magistrate that the parent is
from lea;ing
Antigua and abo;t to leave ~ n t i ~ u a and ~ a r g u d a , and the ~ ~ a ~ i s t r a t e
Barbuda. is not satisfied that the parent has made adequate provisions

for the maintenance and care of such child during his absence,
the Magistrate may, if he thinks it expedient so to do, order
that such parent shall not leave Antigua and Barbuda.

Contravention of 5 . Any parent against whom an order has been made
Magistrate's
order an offence. under the preceding section who shall leave or attempt to

leave Antigua and Barbuda before such order shall have
ceased to be operative, or shall have been rescinded, shall
on summary conviction be liable to a fine not exceeding one
thousand dollars or to be imprisoned with or without hard
labour for a period not exceeding six months.

Power of police
officer to arrest

6. Any police officer may arrest without warrant and
without warrant. bring before any Magistrate any person who is subject to

an otder made under section 4 and-

(a ) who has left Antigua and Barbuda and is found
kithin the territorial sea thereof, or

(6) whom such police officer has reason to suspect 10 be attempting to leave Antigua and Barbuda.

LAWS OF ANTIGUA AND BARBUDA

Maintenance of Children (CAP, 256 3

7. Where any proceedings are taken agaidst a par(R€ :;F~;D$$ of
under this Act in respect of a child who appeais t6 €he
Magistrate to be under sixteen years of age, such child hhdf
be deemed to be under that age unless the contrary is proved.

8. A person who has been adjudged to be the father equate
of a child shall be deemed to have made adequate provision provision in case
for the maintenance and care of such child within the mean- $r?,":

be
ing of this Act if he has made sufficient provision for the the father of a
payment during his absence from Antigua and Barbuda of child.
all moneys which may become payable by him during such
absence under the order by vvhich he wgfi adjudged to be
the father of such child or any ordef- varying the same.

9. (1) No order made under section 4 shall have any rrbdssien Duratio and of
force or validity after the expiration of two years fi-bffl the @der.
day upon which the same was made.

(2) A Magistrate may, upon application by or on behalf
of any parent against whom an order has been made under
section 4, rescind such order.

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