Live Stream for Calling to the Inner Bar, May 16, 2022, 9:00 AM

 

 

NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



Frequently Asked Questions

The Judgment Creditor or his Agent can make an application for a Warrant of Levy against the Judgment Debtor.  The Judgment Creditor need to provide proper documentation to the Court outlining the authorization by which he has given power of attorney to his agent to pursue this application for a Warrant of Levy.
Pursuant to Section 4 of the Children (Guardianship and Custody) Act 1.The father of a child may by deed or will appoint any person to be guardian of the child after his death. 2. The mother of a child may by deed or will appoint any person to be guardian of the child after her death. 3. Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the child so long as the mother or father remains alive unless the mother or father objects to his so acting. 4.If the mother or father so objects, or if the guardian so appointed as aforesaid considers that the mother or father is unfit to have the custody of the child, the guardian may apply to the Court, and the Court may either refuse to make any order (in which case the mother or father shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the mother or father, or that he shall be sole guardian of the child, and in the latter case may make such order regarding the custody of the child and the right of access thereto of its mother or father as, having regard to the welfare of the child the Court may think fit, and may further order that the mother or father shall pay to the guardian towards the maintenance of the child such weekly or other periodical sum as, having regard to the means of the mother or father, the Court may consider reasonable. 5.Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly. 6.If under section 3 a guardian has been appointed by the Court to act jointly with the surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the surviving parent.  
Subject to subsections (2), (3) and (4) of the Jury Act, any person who resides in Jamaica and has attained the age of eighteen years but is under the age of seventy years, is qualified and liable to serve on juries if - The person's name is on any current official list of electors for elections to the House of Representatives; or The person is registered under section 17D of the Revenue Administration Act.
No person who- (a)        is not a Commonwealth citizen; or (b)       Cannot speak, read and write English; or (c)        is at the date on which he is required to serve as a juror- (i)  a person awaiting trial in a Parish Court for an indictable offense; or (ii)  a person in respect of whom a preliminary inquiry into an indictable offense is pending or who has been committed for trial for such an offense; or (d) has been convicted of treason or any offense for which he has been sentenced to imprisonment (by whatever name called) for a period in excess of six months, unless he has received a free pardon, shall be qualified to serve on juries.
The criminal records of jurors are checked at the initial stage of preparing the names of persons            who are qualified to sit on a jury at the provisional settlement of the Jury list.  The Parish Court Judge, Police officers and Justices of the peace are involved in this process.
The Adoption Board is the only body that has responsibility for adoption of children in Jamaica. This service is undertaken for the Board by the Child Protection and Family Services Agency (CPFSA) who processes all applications.
There are two types of Adoption Procedures available in Jamaica. One is the application for an adoption order which is completion of an adoption in Jamaica and the other is an application for a license which is given for the child to be released to citizens of scheduled countries to be adopted abroad. For a child to be adopted he or she must be over six (6) weeks and under the age of eighteen (18) years.  Application must be tendered to the CPFSA at least six (6) months before the child attains their eighteenth birthday.
Birth parents have to agree by giving their consent to adopt, unless:             (1)  they are dead, in this scenario evidence of their death will have to be provided;             (2)  children are wards of the state;             (3)  birth parents cannot be found; at which time evidence of attempts made to locate them for                    example advertisement in the local newspaper must be provided;             (4)  birth parents are incapable of giving consent due to mental disability and this must be accompanied                      by medical evidence.             (5)   birth parents are withholding consent unreasonably.   Applicants must be twenty-five years and over, however, if the applicant is related to the child being adopted, they can be under twenty-five (25) years old but over eighteen (18) years. Application should be done by a single person, however, two parents married to each other can adopt with the agreement of the other (singly) and the applicant must be domiciled in Jamaica. For more detailed information regarding the step-by-step processes involved in treating with adoption visit www.childprotection.gov.jm.
It should be noted that once a child has been adopted their former identity is no longer admissible and their former birth record is sealed.
Pursuant to Section 11 of the Maintenance Act, A Court may, on application by or on behalf of a dependent, order the respondent named in the application to maintain that dependent in making such an order, the Court shall, where the order is a monetary order, determine the amount to be paid thereunder.

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