Magisterial Applications

Q. How do I make a Magisterial application?

A. Persons who wish to make an application and are being self-represented should visit the Family Court of Trinidad and Tobago with the following documents and information:

For Married persons making applications on behalf of themselves and/or children please walk with the following documents and information:

• Any form of valid identification
• Name of respondent’s and respondent’s address
• Child/children original Birth Certificate (where applicable)
• Name of School or institution child/children attends (where applicable)
• Marriage Certificate
• Fee ($3.00) per application
• Fee ($1:00) witness summons

For Unmarried persons making applications on behalf of children please walk with the following documents and information:

• Any form of valid identification
• Name of respondent’s and respondent’s address
• Child/children’s original Birth Certificate
• Name of School or institution attended by child/children
• Fee ($3.00) per application
• Fee ($1:00) witness summons

For persons making Common-Law applications on behalf of themselves and /or children please walk with the following documents and information:

• Any form of valid identification
• Name of respondent’s and respondent’s address
• Child/children’s original Birth Certificate (where applicable)
• Name of School or institution attended by child/children (where applicable)
• Fee ($3.00) per application
• Fee ($1:00) witness summons

For persons making applications on behalf of unborn children please walk with the following documents and information:

• Any form of valid identification
• Name of respondent’s and respondent’s address
• Any medical records
• Due date of the child
• Fee ($3.00) per application
• Fee ($1:00) witness summons

For persons making applications of children as young adults please walk with the following documents and information:

• Any form of valid identification
• Name of respondent’s and respondent’s address
• Name of School
• Length of enrollment
• Fees, expenses etc
• Fee ($3.00) per application
• Fee ($1:00) witness summons

For persons making Access applications please walk with the following documents and information:

• Any form of valid identification
• Name and address of respondent
• Child/children original Birth Certificate
• Fee ($3.00) per application

Once a customer is in possession of the requisite documents and information, he/she is referred to an Intake Officer who listens, screens, gathers, assesses and evaluates information. The Intake Officer also provides options and information on available services that may address the needs of the customer with an emphasis on confidentiality, but cannot guarantee the outcome of a case.

You will be given a copy of your application which will have the time, date and and the number of the hearing room number in which the matter will be heard. The respondent will be issued a summons to attend Court with the same information and the reason why he/she is summoned to Court.

It is important to note that it is not necessary to have legal representation, as person’s converse directly with the Magistrate. These persons are called pro se or self represented customers.

Note - If parties are unmarried; the paternity of the child must be declared before any maintenance order is granted. This occurs when the father named in the application admits paternity or is proven to be the father of the child via D.N.A. testing.

Q. Can I be turned away if they do not have all my documents?

A. We at the Family Court should make every effort not to turn customers away. If however, a customer does not have the required documents needed to complete his/her application, the Intake Officer can proceed to take whatever information is presented, but indicate to the customer the need to bring in the relevant information within at least 2 days to the Pro Se Officer. Intake Officers must ensure that applicants provide all the relevant written documentation to match the oral information given (for instance birth certificates, medical certificates, letters, orders, etc.) The Intake Officer can also access information via the AS400 for further verification.

In Maintenance matters if the matter was heard at the St. George West Magistrates’ Court and the customer can provide their Maintenance Card Number the Intake Officer can call to get information on the customer. If the customer cannot provide the card number then the customer must go back to court and acquire an extract i.e. Maintenance, Legal Custody, Access, Protection Order.

Q. What is the procedure if I do not meet the requirements for making an Application?

A. The Intake Officer has two options to assist you:

• The customer can be referred to an external agency. The person must be given a referral letter
  
  
• The customer can be referred for either counseling or mediation at the Family Court. (A file is created for the customer, the respective Unit’s Administrative Aide is contacted and told about the application, and the customer is asked to proceed to the third floor where either the Social Services Unit or the Mediation Unit will process his/her application).

Q. Can I make an application for Attachment of Earnings if I do not have all the information for the application?

A. The Applicant must have a Bank Account number and must know at least the occupation and place of work of the Respondent. Without this information an application should not be processed. Other general information such as period of employment, National Insurance Number, position held, and in some cases, name of employer can be gleaned from the Respondent, as he/she is requested in any event to present these details to the Court upon being served.

Q. Can a respondent make an application for Attachment of Earnings?

A. No, only the applicant in the matter can make this application which requires both parties to attend another Court hearing.

Q. Can I disregard an access order from the Court?

A. No you cannot because Court orders are enforced by the laws of Trinidad and Tobago. The other party involved in the matter can return to the Court and make an application for a Breach of the Order, and the parties will have to return to Court to have the matter heard again, and this time, stiffer penalties maybe dealt out on the party accused of the breach.

Q. Can I send another person (relative or friend) to make an application on my behalf?

A. No, you cannot. All applications must be made by the person pursuing the complaint whether via an “in person application” or through an Attorney at Law.