Infants
INFANTS ACT
CHAPTER 46:02
LAWS OF TRINIDAD AND TOBAGO
Act
28 of 1925
Amended by
33 of 1945
28 of 1973
50 of 1976
45 of 1979
15 of 1981
*20 of 1981
*See Note on Amendment at page 2
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1– 17 ..
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Index of Subsidiary Legislation
Page
Infants (Petition) Rules (R.G. 22.5.1867) ... ... ... 8
Note on Maintenance Orders made under the Act
For Maintenance Orders made under Part I of the Act (which has been repealed)—
See Section 20 and also Item 9 of the Schedule to Act No. 14 of 1988.
Note on Amendment
This Act has been amended by Act No. 20 of 1981 (Fifth Schedule) but Act No. 20 of 1981 had,
not up to the date of the last revision of this Act, been brought into operation.
Note on section 28
For regulating the form and mode of procedure and generally, the practice of the Court
in respect of the matters to which this Act relates, see Order 86 of the Rules of the Supreme
Court (1975) inserted as an Appendix to this Act.
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CHAPTER 46:02
INFANTS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
GUARDIANSHIP AND CUSTODY OF INFANTS
3–18 [Sections 3 to 18 repealed by the Family Law (Guardianship of
Minors, Domicile and Maintenance, Act) Ch. 46:08].
PART II
CONTRACTS OF INFANTS
19. Contracts by infants, except for necessaries, to be void.
20. No action to be brought on ratification of infant’s contract.
PART III
INFANTS’ SETTLEMENTS
21. Infant may make settlement of marriage.
22. In case infant dies under age, appointment to be void.
23. Sanction of Court to be given on petition.
PART IV
SALE OF INFANTS’ ESTATES
24. Court to authorise sale of infants’ lands.
25. Notice of petitions to be published and persons may be heard.
26. Moneys to be paid to Comptroller of Accounts and applied to certain
purposes.
27. Money to be invested pending application.
PART V
MISCELLANEOUS
28. Rules.
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1950 Ed.
Ch. 5. No. 12.
28 of 1925.
Commencement.
Short title.
Interpretation.
Ch. 27. No. 15.
[1950 Ed.].
Contracts by
infants, except
for necessaries,
to be void.
CHAPTER 46:02
INFANTS ACT
An Act relating to the guardianship, custody, and property
of infants.
[18TH JUNE 1925]
1. This Act may be cited as the Infants Act.
2. In this Act—
“Court” means the High Court or a Judge thereof;
“lands” includes all lands of any tenure, and all estates or interest
in any lands, not being settled estates within the meaning of
the Leases and Sales of Settled Estates Ordinance;
“parent” includes any person at law liable to maintain a child, or
entitled to his custody;
“person” includes any school or institution.
PART I
GUARDIANSHIP AND CUSTODY OF INFANTS
3–18 [Sections 3 to 18 repealed by the Family Law
(Guardianship of Minors, Domicile and Maintenance) Act
Ch. 46:08)].
PART II
CONTRACTS OF INFANTS
19. All contracts, whether by specialty or by simple contract,
henceforth entered into by infants for the repayment of money
lent or to be lent, or for goods supplied or to be supplied (other
than contracts for necessaries), and all accounts stated with
infants, shall be absolutely void; but this Act shall not invalidate
any contract into which an infant may, by any existing or future
written law, or by the Rules of Common Law or equity, enter, except
such as now by law are voidable.
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20. No action shall be brought whereby to charge any
person upon any promise made after full age to pay any debt
contracted during infancy, or upon any ratification made after full
age of any promise or contract made during infancy, whether
there shall or shall not be any new consideration for the promise
or ratification after full age.
PART III
INFANTS’ SETTLEMENTS
21. (1) Every female infant may upon or in contemplation
of her marriage, with the sanction of the Court, make a valid
and binding settlement or contract for a settlement of all or any
part of her property, or any property over which she has any
power of appointment, whether real or personal, and whether in
possession, reversion, remainder or expectancy.
(2) Every conveyance, transfer, appointment, and
assignment of such real or personal estate, or contract to make a
conveyance, transfer, appointment, or assignment thereof, executed
by the infant with the approbation of the Court for the purpose of
giving effect to the settlement, shall be as valid and effectual
as if the person executing the same were of the full age of
eighteen years.
(3) This section shall not extend to powers of which
it is expressly declared that they shall not be exercised by
an infant.
22. Where any appointment under a power of appointment
or any disentailing assurance, is executed by any infant tenant in
tail under this Part and the infant afterwards dies under age, the
appointment or disentailing assurance shall thereupon become
absolutely void.
23. (1) The sanction of the Court to any such settlement or
contract for a settlement may be given upon petition presented by
the infant or her guardian in a summary way, without the institution
of a suit.
No action to be
brought on
ratification of
infant’s contract.
Infant may
make settlement
on marriage.
[28 of 1973].
In case infant
dies under age,
appointment to
be void.
Sanction of
Court to be
given on
petition.
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(2) Where there is no guardian the Court may require a
guardian to be appointed or not as the Court thinks fit.
(3) The Court also may, if it thinks fit, require that any
persons interested or appearing to be interested in the property
should be served with notice of the petition.
PART IV
SALE OF INFANTS’ ESTATES
24. The Court may, on the petition of any infant by his
guardian or next friend, if it thinks it proper and for the benefit of
the infant, from time to time authorise the sale of any lands of the
infant, subject, if the Court so directs, to any charge or encumbrance
affecting the same; and every such sale shall be conducted and
confirmed in the same manner as, by the Rules and practice of the
Court for the time being, is or shall be required in the sale of lands
sold under a decree of the Court.
25. Notice of any petition to the Court under section 24 shall
be inserted in such newspapers as the Court directs, and any
person, whether interested in the lands or not, may apply to the
Court, by motion, for leave to be heard in opposition to or in support
of any such petition, and the Court is hereby authorised to permit
the person to appear and be heard in opposition to or in support of
any such petition on such terms as to costs or otherwise, and in
such manner, as it thinks fit.
26. All money to be received on any sale effected under the
authority of this Part shall be paid to the Comptroller of Accounts,
to the account of the Registrar of the Court ex parte the petitioner
in the matter of this Act; and the money, after payment of any
costs attending the petition which may be allowed by the Court,
shall be applied as the Court from time to time directs to some one
or more of the following purposes, namely, the discharge or
redemption of any encumbrance affecting the lands in respect of
which money was paid, or the payment to any person becoming
absolutely entitled.
Court to
authorise sale of
infants’ lands.
Notice of
petitions to be
published and
persons may be
heard.
Moneys to be
paid to
Comptroller of
Accounts and
applied to
certain
purposes.
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27. Until the money can be applied as under section 26, the
same shall be from time to time invested in such securities
authorised by the Court Funds Investment Act as the Court thinks
fit, and the interest or dividends of the securities, or such parts
thereof as the Court may from time to time direct, shall be paid to
the guardian for the time being of the infant, or such other person
as would have been entitled to the rents and profits of the lands so
sold if the same had not been sold.
PART V
MISCELLANEOUS
*28. The Rules Committee established by the Supreme Court
of Judicature Act may make Rules for carrying the purposes of
this Act into effect, and for regulating the form and mode of
procedure and, generally, the practice of the Court in respect of
the matters to which this Act relates, and for regulating the fees
and allowances to all Officers and Attorneys-at-law of the Court
in respect of such matters.
Money to be
invested
pending
application.
Ch. 7:06.
Rules.
Ch. 4:01.
*See Note on page 2.
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SUBSIDIARY LEGISLATION
INFANTS (PETITION) RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Particulars of Petition.
3. Verification.
4. Day appointed.
5. Notice.
6. Filing, etc.
7. Order of Court.
8. Guardian.
9. Fees and allowances.
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[Subsidiary]
L.R.O.
R.G. 22.5.1867.
Citation.
Particulars of
Petition.
Verification.
Day appointed.
Notice.
Filing, etc.
INFANTS (PETITION) RULES
made under section 28
1. These Rules may be cited as the Infants (Petition) Rules.
2. The Petition shall state—
(a) the name, age and residence of the infant;
(b) the description, particular local situation, and
present condition of the property intended to
be sold;
(c) the nature and extent of the estate or interest of
the infant, and value of the property or of the estate
or interest, as the case may be;
(d) all the charges and encumbrances affecting the
property or the estate or interest, as the case may
be; and
(e) the circumstances which make it proper or
expedient that the property or the estate or interest
should be sold.
3. The particulars stated in the Petition must be verified
by affidavit.
4. On the application of the Attorney-at-law for the Petitioner
an order will be made by one of the Judges in Chambers
appointing a day for the hearing of the Petition, and directing (with
reference to the circumstances of the case) in what newspapers,
and how often, the notice required by section 25 of the Act is to
be published.
5. The notice will be prepared by the Registrar and submitted
to the Judge for his approval before it is published.
6. All Affidavits and Exhibits intended to be used in
support of, or in opposition to the Petition must be filed or
deposited in the office of the Registrar three clear days before the
hearing of the Petition.
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[Subsidiary]
7. On the hearing of the Petition, and of any party opposing
the same, the Court may make an order for the sale of the property,
or of the Estate or interest of the infant, with such restrictions as to
price, or reserve bidding, or such other conditions as to the Court
seems proper, or may refer the matter to one of the Judges in
Chambers for such enquiries, and with such powers and directions
as to the Court may seem proper.
8. Where it appears to the Court expedient that a Guardian
should be appointed to the infant for the protection of his
interests in the matter of the Petition, the Court will refer it to one
of the Judges in Chambers to appoint the Guardian and to take the
proper security.
9. The fees and allowances to the Officers and Attorneys-at-
law of the Court, in respect of the matters under the Act, shall be
the same as are allowed under the Rules of the Supreme Court.
Order of Court.
Guardian.
Fees and
allowances.
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APPENDIX
ORDER 86
PROCEEDINGS RELATING TO MINORS, MATRIMONIAL
STATUS AND SPOUSES
I. MINORS
Interpretation
1. In this Order—
“the Act” means the Infants Act, Ch. 46:02;
“the Family Law Act” means the Family Law (Guardianship
of Minors, Domicile and Maintenance) Act, Ch. 46:08.
2. (1) Subject to paragraph (2) an application concerning
the maintenance or advancement of minors or made under the
Family Law Act or under Part III of the Act shall be made to a
Judge in Chambers by an originating summons intituled—
(i) in the case of an application under the
Family Law Act—
In the matter of the Minor
and
In the Matter of the Family Law
(Guardianship of Minors,
Domicile and Maintenance) Act,
Ch. 46:08;
(ii) in the case of an application under the
Act—
In the matter of the Minor
and
In the matter of the Infants Act,
Ch. 46:02.
(2) (a) Where any proceedings (including proceedings
for divorce or judicial separation) are pending in
relation to the minor; or
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(b) when the minor is a ward of Court or the
administration of the estate or the maintenance
or advancement of the minor is under the direction
of the Court,
the application shall be made by summons.
Power of Judge pending Appeal
3. Where an appeal is entered against a judgment given or
order made under rule 2 the Judge by whom the judgment was
given or the order was made may make such orders either ex parte
or otherwise as he may think proper.
Application to make a Minor a Ward of Court
4. (1) An application to make a minor a ward of Court must
be made by originating summons.
(2) Where there is no person other than the minor who is
a suitable defendant, an application may be made ex parte for leave
to issue either an ex parte originating summons or an originating
summons with the minor as defendant thereto; and except where
such leave is granted, the minor shall not be made a defendant to
an originating summons under this rule in the first instance.
(3) The date of the minor’s birth shall, unless otherwise
directed, be stated in the summons and the plaintiff shall—
(a) on issuing the summons or before or at the first
hearing thereof lodge in the appropriate Registry
a certified copy of the entry in the Register of
Births, or, as the case may be, in the Adopted
Children Register relating to the minor; or
(b) at the first hearing of the summons apply for
directions as to proof of birth of the minor in some
other manner.
(4) Unless the Court otherwise directs, the summons shall
state the whereabouts of the minor or, as the case may be, that the
plaintiff is unaware of the whereabouts.
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(5) Every defendant other than the minor shall, forthwith
after being served with the summons —
(a) lodge in the appropriate Registry a notice stating
the address of the defendant and the whereabouts
of the minor, or as the case may be, that the
defendant is unaware of his whereabouts; and
(b) unless the Court otherwise directs, serve a copy
of the notice on the plaintiff.
(6) Where any party other than the minor changes his
address or becomes aware of any change in the whereabouts of the
minor after the issue or, as the case may be, service of the summons,
he shall, unless the Court otherwise directs, forthwith lodge notice
of the change in the appropriate Registry and serve a copy of the
notice on every other party.
(7) The summons shall contain a notice to the defendant
informing him of the requirements of paragraphs (5) and (6).
(8) In this rule any reference to the whereabouts of a
minor is a reference to the address at which and the person with
whom he is living and any other information relevant to the
question where he may be found.
When Minor ceases to be a Ward of Court
5. (1) A minor who, by virtue of section 35(2) of the Family
Law Act, becomes a ward of Court on the issue of a summons
under rule 4 shall cease to be a ward of Court—
(a) if an application for an appointment for the
hearing of the summons is not made within the
period of 21 days after the issue of the summons,
at the expiration of that period;
(b) if an application for such an appointment is made
within that period, on the determination of the
application made by the summons unless the
Court hearing it orders that the minor be made a
ward of Court.
(2) Nothing in paragraph (1) shall be taken as affecting
the power of the Court under section 35(3) of the Family Law Act
to order that any minor who is for the time being a ward of Court
shall cease to be a ward of Court.
Ch. 46:08.
Ch. 46:08.
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(3) If no application for an appointment for the hearing
of a summons under rule 4 is made within the period 21 days after
the issue of the summons, a notice stating whether the applicant
intends to proceed with the application made by the summons must
be left at the appropriate Registry immediately after the expiration
of that period.
Application under the Family Law Act, Ch. 46:08
6. Where there is pending any proceeding by reason of which
a minor becomes a ward of Court, any application relating to the
guardianship of minors under the Family Law Act with respect
to that minor may be made by summons in that proceeding,
but except in that case any such application shall be made by
originating summons.
Defendants to Guardianship Summons
7. (1) Where the minor with respect to whom an application
under the Family Law Act is made is not the plaintiff, he shall
not, unless the Court otherwise directs, be made a defendant to
the summons or, if the application is made by ordinary summons,
be served with the summons, but subject to paragraph (2) any
other person appearing to be interested in, or affected by the
application shall be made a defendant or be served with the
summons, as the case may be, including, where the application
is made under section 13 of the Family Law Act with respect to a
minor who has been received into the care of a certified school
within the meaning of Part III of the Children Act, that school.
(2) The Court may dispense with service of the summons
(whether originating or ordinary) on any person and may order it
to be served on any person not originally served.
Guardianship Proceedings may be in Chambers
8. Applications under the Family Law Act relating to the
guardianship of minors may be disposed of in Chambers.
Applications for Paternity Orders under section 10 of the
Status of Children Act, Ch. 46:07
9. An application for a paternity order under section 10
of the Status of Children Act, shall be made by originating
summons.
Ch. 46:08.
Ch. 46:08.
Ch. 46:08.
Ch. 46:01.
Ch. 46:08.
Ch. 46:07.
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Removal of Proceedings from a Magistrate’s Court
10. (1) An application for an order under section 46(1) of
the Family Law Act for the removal of an application from a
Magistrate’s Court into the High Court shall be made ex parte by
an originating summons, but the Court may direct that the
summons shall be served on any person.
(2) The application may be heard by the Registrar or by
an Assistant Registrar, but, if an order is made for the removal to
the High Court of an application to the Magistrate’s Court, that
application shall be heard by a single Judge of the Court.
(3) Where an order is made under the said section 46(1),
the plaintiff shall send a copy of the order to the Clerk of the Peace
of the Magistrate’s Court from which the proceedings are ordered
to be removed.
(4) On receipt of certified copies of all entries in the books
of the Magistrate’s Court relating to the proceedings together with
all documents filed in the proceedings the Registrar shall forthwith
file the said documents and give notice to all parties that the
application is proceeding in the High Court.
(5) The application so removed shall proceed in the High
Court as if it had been made by originating summons.
Application of Matrimonial Causes Rules
11. (1) Rules 68 to 71 (inclusive) of the Matrimonial Causes
Rules (which relate to proceedings under section 50 of the
Matrimonial Proceedings and Property Act) shall apply, with the
necessary modifications, to proceedings under section 13 of the
Family Law Act.
(2) Rules 41, 44 and 45 of the Matrimonial Causes Rules
(which relate to the drawing up and service of orders) shall apply
to proceedings under this Part of this Order as if they were
proceedings under those rules.
II. MATRIMONIAL STATUS
Application for Declaration affecting Matrimonial Status
12. (1) Where, apart from costs, the only relief sought in any
proceedings is a declaration with respect to the matrimonial status
of any person, the proceedings shall be begun by petition.
Ch. 46:08.
Ch. 45:51.
Ch. 46:08.
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(2) The petition shall state—
(a) the names of the parties and the residential address
of each of them at the date of presentation of
the petition;
(b) the place and date of any ceremony of marriage
to which the application relates;
(c) whether there have been any previous proceedings
between the parties with reference to the marriage
or the ceremony of marriage to which the
application relates or with respect to the
matrimonial status of either of them and, if so,
the nature of those proceedings;
(d) all other material facts alleged by the petitioner
to justify the making of the declaration and the
grounds on which he alleges that the Court has
jurisdiction to make it,
and shall conclude with a prayer setting out the declaration sought
and any claim for costs.
(3) Nothing in the foregoing provisions shall be
construed—
(a) as conferring any jurisdiction to make a
declaration in circumstances in which the Court
could not otherwise make it; or
(b) as affecting the power of the Court to refuse to
make a declaration notwithstanding that it has
jurisdiction to make it.
Further Proceedings on Petition under Rule 12
13. Subject to rule 12 the Matrimonial Causes Rules shall apply
with the necessary modifications to the petition as if it were a
petition in a matrimonial cause.
III. SPOUSES
Provisions as to Actions in Tort
14. (1) This rule applies to any action in tort brought by one
of the parties to a marriage against the other during the subsistence
of the marriage.
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(2) On the first application by summons or motion in an
action to which this rule applies, the Court shall consider, if
necessary of its own motion, whether the power to stay the action
under section 15(2) of the Married Persons Act, should or should
not be exercised.
(3) Notwithstanding anything in Order 13 or Order 19
judgment in default of appearance or of defence shall not be
entered in an action to which this rule applies except with the
leave of the Court.
(4) An application for the grant of leave under
paragraph (3) must be made by summons and the summons
must, notwithstanding anything in Order 65, rule 9, be served
on the defendant.
(5) If the summons is for leave to enter judgment in default
of appearance, the summons shall not be issued until after the time
limited for appearing.
Ch. 45:50.
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