Division 6 of Part XII of the Lukautim Pikinini Act 2015 is how a child born outside marriage obtains support from the parent who has left them.
“Affiliation” means the relationship of a child to his biological father or mother.
A proceeding under this Division applies to a child born outside of marriage.
The gap the Division fills
The Matrimonial Causes Act (Chapter 282) reaches children only through a matrimonial cause, and section 4 of that Act excludes customary marriages entirely.
A child born to parents who never married, or married only by custom, would otherwise have no statutory route to maintenance from an absent father. Division 6 supplies one — in the Family Court, which sits as a District Court and is therefore within reach.
It carries forward the protection formerly given by the Deserted Wives and Children Act (Chapter 277), which section 121 repealed.
The underlying obligation is constitutional: Basic Social Obligation (h) of the Constitution places an equal obligation on parents to support, assist and educate their children without discrimination.
Section 106(1) — the four complainants
(a) the mother of the child;
(b) the Director;
(c) a person authorised in writing by the Director;
(d) an affected person by leave of the Court.
A mother may be unable to bring proceedings — through ill health, fear, distance, or because she has died. Paragraphs (b) and (c) let the Director or an authorised person act instead.
Paragraph (d) — an affected person by leave — reaches the relative actually raising the child. In Papua New Guinea that is often a grandmother or an aunt, exercising parental responsibility under section 9(2). Leave of the Court is required, which lets the Court check that the applicant is genuinely affected.
Note that the trigger is that the child has been left without means of support — not that the parents have separated, and not that paternity is disputed.
Section 106(2) — what the complaint must contain
(a) be in writing and made on oath; and
(b) state — (i) the name of the mother; (ii) the name of the child; (iii) the name of the father; and (iv) that the person named as the father or mother has left the child without means of support; and
(c) be in the form prescribed in the District Courts Act (Chapter 40).
The District Courts Act (Chapter 40) is not available on PacLII at the time of writing.
Paragraph (b)(iv) says “the father or mother”. Division 6 is not confined to proceedings against fathers — a mother who has left a child without means of support may equally be the person complained against.
That follows from the definition of affiliation itself: the relationship of a child to his biological father or mother.
Section 92 — corroboration and the summons
Where a complaint is made and the complainant produces evidence on oath, either oral or on affidavit, in corroboration of the same material particular as to the paternity or maternity of the child, the magistrate may —
(a) summon the person complained against to appear and answer; or
(b) if satisfied that the circumstances require it, issue a warrant for his apprehension.
Parentage is the fact the whole liability rests on, and the fact most often denied. Section 92 therefore requires corroboration of the material particular as to paternity or maternity before a summons issues.
The complainant’s word alone is not enough. Corroboration in practice may be a birth record, a witness to the relationship, evidence of acknowledgment by the person named, or evidence of support previously provided.
The requirement protects a person wrongly named — but it is a threshold for issuing process, not the standard for the final decision, which is made under section 108(1) where the Court is satisfied on the evidence.
The orders available
| Order | Section |
|---|---|
| Maintenance of the child — a fortnightly sum or in kind, including medical and educational expenses | 108 |
| Confinement expenses — up to K5,000 in cash or in kind | 107 |
| Funeral expenses where the child dies | 111 |
| Maintenance of a deserted spouse | 109 |
One limit applies throughout: section 112 provides that, notwithstanding anything in a law, a proceeding under this Part shall not be commenced after the child attains 18 years of age. See how long a child maintenance order lasts. Sections 113 and 114 make equivalent provision for an adopted child left without means of support.
Sources
- Lukautim Pikinini Act 2015 — ss 2, 8, 9, 88, 91, 92, 105–114, 121
- Constitution — Basic Social Obligation (h)
- Matrimonial Causes Act (Chapter 282) — s 4
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.