Revised Laws of Saint Lucia (2022)

5.   Order for maintenance

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   (1)   After the birth of such child, on the appearance of the person so summoned, or on proof that the summons was duly served on such person or left at his last place of abode 7 days or more before the hearing, the magistrate of the district in which the summons was issued shall hear the evidence of such woman and such other evidence as she may produce and shall also hear any evidence tendered by or on behalf of the person alleged to be the father, and, if the evidence of the mother be corroborated in some material particular by other evidence to the satisfaction of the magistrate, he or she may adjudge the person summoned to be the putative father of the child, and the magistrate may also, if he or she sees fit, having regard to all the circumstances of the case, proceed to make an order on the putative father for the payment to the mother of the child or to any person who may be appointed to have the custody of the child under the provisions of this Act of such a sum of money weekly not exceeding $25Editor's note: See Affiliation (Maintenance) Order later in this Chapter. a week, as he or she may consider reasonable for the maintenance and education of the child, and of the expenses incidental to the birth of the child, and of the funeral expenses of the child if it has died before the making of such order, and of such costs as may have been incurred in obtaining such order; and if the application be made before the birth of the child or within 2 months after the birth of the child such weekly sum may, if the magistrate thinks fit, be calculated from the birth of the child.

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   (2)   At the hearing in a district court of any complaint made by a person against another under this Act, any social welfare officer may appear for and on behalf of either party in the said complaint and shall have the same right of examining witnesses and addressing the said court as the complainant or the defendant in the case.

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   (3)   If at any time after the expiration of one month from the making of such order as aforesaid, it appears to the magistrate of the district in which the order was made upon oath that any sum to be paid under such order has not been paid, the magistrate may, by warrant under his or her hand, cause the putative father to be brought before him or her, and in case such putative father neglect or refuse to make payment of the sums due from him under such order, or since any commitment for disobedience to such order as hereinafter provided, together with the costs attending such warrant, apprehension and bringing up of such putative father, the magistrate may, by warrant under his or her hand, direct the sum so appearing to be due, together with such costs, to be recovered by distress and sale of the goods and chattels of such putative father, and may order such putative father to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, unless he gives sufficient security by way of recognisance or otherwise to the satisfaction of the magistrate for his appearance before the magistrate on the day which may be appointed for the return of such warrant of distress, such day not being more than 7 days from the time of taking any such security.

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   (4)   If upon the return of such warrant, or if by the admission of the putative father, it appears that no sufficient distress can be had, then the magistrate may, if he or she sees fit, by warrant under his or her hand, cause such putative father to be committed to prison, there to remain without bail for any term not exceeding 3 months, unless such sum or costs and all reasonable charges attending the said distress, together with the costs and charges attending the commitment and conveying to prison and of the persons employed to convey him be sooner paid and satisfied.

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   (5)   Despite the preceding provisions of this section, on an application for the enforcement of the payment of any sum payable under an order under this section, the magistrate shall make enquiries in the presence of the putative father as to whether his failure to pay that sum was due either to his wilful refusal or to his culpable neglect, and if the magistrate is of opinion that the failure of the defendant to pay that sum was not due either to his wilful refusal or to his culpable neglect, a warrant of commitment to prison shall not be issued.

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   (6)   Any order for the payment of money made under this section may be revoked, discharged, revived or varied by a subsequent order of a magistrate.

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   (7)   On an application for the enforcement, variation, revocation, discharge or revival of an order made under this section, the magistrate may remit the payment of any sum due thereunder or of any part of any such sum.

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   (8)   Where on application for the enforcement of the payment of a sum payable under an order no warrant of commitment to prison is issued, the application may be renewed, except so far as regards any part of that sum remitted under the last foregoing subsection, on the ground that the circumstances of the person to whom the application relates have changed.

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   (Amended by Act 16 of 1983)