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28.   orders in favour of children

Revised Laws of Saint Lucia (2021)

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28.   orders in favour of children

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    (1)   Subject to subsection (3)—

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      (a)     an order under sections 23, 24(a) or 26 shall not be made in favour of a child who has attained the age of 18 years; and

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      (b)     the term for which by virtue of an order under section 23 or 26 any payments are to be made or secured to or for the benefit of a child may begin with the date of the making of an application for the order in question or any later date but shall not extend beyond the date when the child will attains the age of 18 years.

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    (2)   The term for which by virtue of an order under section 23 or 26 any payments are to be made or secured to or for the benefit of a child shall not in the first instance extend beyond the date of the birthday of the child next following his or her attaining the age of 18 years.

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    (3)   The Court may make such an order as is mentioned in subsection (1)(a) in favour of a child who has attained the age of 18 years, and may include in an order made under section 23 or 26 in relation to a child who has not attained that age a provision extending beyond the date when the child attains that age, the term for which by virtue of the order any payments are to be made or secured to or for the benefit of that child, if it appears to the Court that—

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      (a)     that child is, or will be, or if such an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he or she is also or will also be, in gainful employment; or

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      (b)     there are special circumstances which justify the making of the order or provision.

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    (4)   Any order made by virtue of section 23(2)(a) or section 26(6)(d) shall, despite anything in the order, cease to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of such death.

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