When your spouse or partner (boyfriend or girlfriend) refuses to maintain the child or children, you can take the matter to court. The court is empowered to make any order in respect of the children which it thinks reasonable and for the benefit of the child.

An order could be:

• Award custody of the child to any person
• Regulate the right of access of any person to the child
• Provide for the education and maintenance of the child

It is the court’s duty to protect the child irrespective of the wishes of the parents. The court would look into the whole background of the child’s life and all the circumstances of the case. The court could also look into the moral and religious welfare of the child in considering the application.
Financial provision will be awarded to the person who has been granted custody or specified in the order for the benefit of the child. The financial provision could include maintenance for health care, school fees and general upkeep.

A financial provision order made by the court may be modified. The applicant will be required to draw the attention of the court to any change in any of the matters which was basis for the initial order or of the living circumstances of all the parties concerned such as the reduction in income of the party ordered to make the financial provision and the corresponding increase in income of the person to whom the payment was ordered to be made.

The financial provision automatically terminates when the child reaches 18 years of age, unless the order provides otherwise with a view of making reasonable provision for the further education of such a child, or of the care, custody and support of such a child who is incapacitated that he/she cannot be expected to care for him/herself.

Right of access of the child:

Once the right to physical custody is granted  to one parent, the other parent will be entitled to ask for the right of access. When granting access, the court would take into consideration an arrangement based on the comment of the parent or in the absence of the comment make any such order as it think reasonable and for the benefit of the child concerned.

The number of visiting periods, the timing and the duration of the visits must be such as will meet the desires of the parents and the child.