ORDER 32
MATRIMONIAL APPLICATION
Jurisdiction
1. (1)
The Court in the exercise of its
matrimonial jurisdiction under section
47(1)(f) of the Courts Act, 1993 (Act
459) as amended may deal with
(a)
divorce,
(b)
paternity,
(c)
custody
of children, and
(d)
other matrimonial causes
(2) The
Court sitting as a Family Tribunal has
jurisdiction under section 47(2) of Act
459 as amended and section 35 of the
Children's Act, 1998 (Act 560) to
entertain matters of
(a)
Parentage,
(b)
Custody,
(c)
Access,
and
(d)
Maintenance.
(3) The
Court sitting as a Family Tribunal has
jurisdiction under section 65 of Act 560
to entertain an application for
adoption.
Process
2.
(1)
Proceedings for divorce, maintenance,
child custody and paternity shall be
commenced by filing the appropriate form
as stated in these Rules or specified in
the Second Schedule to these
rules.
(2) A
defendant who wishes to be heard in
anyone of these causes shall also file
the appropriate form within fourteen
days from the date of service of the
plaintiff's form.
(3) The
proceeding in the Family Tribunal shall
be conducted in chambers but these Rules
shall generally be applied.
(4)
Proceedings for adoption may be
commenced by using the appropriate forms
as set out in the Adoption Rules, 2003 (Cl.
42)
(5)
Every form shall be accompanied by an
affidavit sworn to by the plaintiff
verifying the facts stated in the form.
(6) The
affidavit shall state that to the best
of the knowledge and Belief of the
plaintiff the fact stated in the forms
are true
Procedure
Generally
3.
Subject
to these Rules the procedure in divorce and
other causes shall be the same as in other
actions.
Setting
down action for trial
4.
(1) The Registrar of the Court shall wIthin
fourteen days after the plaintiff's forms
have been served on the defendant,
(a)
set the action down for trial if the
defendant has not flied the appropriate
form, and
(b)
notify the plaintiff of the hearing date.
(2) On the
filing of defendant's form, the Registrar
shall set the action down for trial within
fourteen days after the service of the
defendant's form on the plaintiff and notify
the parties of the hearing date.
Orders
5.
(1) At
the end of the hearing the Court may
generally make the order prayed for by
either party but it may make any order
necessary for doing justice whether the
order has been asked for by the person
entitled to the benefit of the order or not.
(2) Despite
subrule (1), the Court shall have regard to
the relevant provisions contained in the
Children's Act, 1998 (Act 560) before making
any order.
Enforcement of custody, access and
maintenance Orders
6.
(1) A person who has been ordered to give
custody or access to another and who
wilfully refuses to comply with the order
may be cited for contempt in the High Court.
(2) Where
the Court has ordered a periodic maintenance
or lump sum payment for the maintenance of a
chIld, the Court may, under section 51 (2)
of Act 560, order that the earnings or the
property of the person liable be attached.
