Section 88 of the Lukautim Pikinini Act 2015 defines what the Family Court may decide.
The Family Court has jurisdiction to hear and determine matters relating to —
(a) child protection; and (b) parenting orders (child custody); and (c) maintenance of a child and parent; and (d) access to a child; and (e) guardianship of a child; and (f) adopted child;
and any other powers given under this Act.
(2) A law may make provisions for further powers and functions of the Family Court.
What each head covers
| Head | Provisions engaged |
|---|---|
| (a) Child protection | s 93 hearings, s 94 placement, s 97 findings, s 98 care plans, ss 99–100 orders |
| (b) Parenting orders (custody) | s 101 applications, s 102 considerations, s 103 best interests |
| (c) Maintenance of a child and parent | s 108 child, s 109 deserted spouse, ss 110–112 |
| (d) Access to a child | ss 101–103; and s 59(2) — access to a parent in prison |
| (e) Guardianship | s 104 |
| (f) Adopted child | ss 113–114 — complaints and orders relating to an adopted child |
“Maintenance of a child and parent” is not a slip. Section 109 allows the Court, on a complaint about maintenance of a spouse who is deserted by the defendant, to order a fortnightly sum or payment in kind.
That is significant. It carries forward the protection formerly given by the Deserted Wives and Children Act (Chapter 277), which section 121 repealed — and it is available whether or not the marriage was a statutory one.
Head (f) and the Adoption of Children Act
Head (f) gives the Family Court jurisdiction over matters relating to an adopted child — principally under sections 113 and 114, which allow a complaint where an adopted child has been left without means of support, and require the Court to make appropriate orders in relation to the welfare of an adopted child.
It does not give the Family Court power to make an adoption order. That belongs to the courts named in the Adoption of Children Act (Chapter 275) — see which court can make an adoption order.
Note also section 116, which defines “child” for the purposes of international reciprocal arrangements as a child under the care of the Office under this Act and the Adoption of Children Act.
What the Family Court cannot do
Divorce and nullity. Only the National Court, under the Matrimonial Causes Act (Chapter 282). See which court hears a divorce.
Criminal proceedings against a child. Section 119(b) directs that the juvenile justice legislation applies — now the Juvenile Justice Act 2014. A transfer from a corrective institution under section 55 goes to the Juvenile Court.
Family violence covered by the Family Protection Act 2013. Section 119(a) directs that Act applies where a child is subject to violence covered by it.
“A law may make provisions for further powers and functions of the Family Court.” The jurisdiction is not closed by this Act.
That matters because the Family Court is, in practical terms, the only family jurisdiction most Papua New Guineans can reach. Section 89(a) also imports the powers provided in the District Courts Act (Chapter 40) for child protection cases, and section 88(1) closes with “and any other powers given under this Act” — which picks up, for example, the summons power in section 93(2), the exclusion power in section 95(3), and the removal of a guardian under section 104(4).
The District Courts Act (Chapter 40) and the Family Protection Act 2013 are not available on PacLII at the time of writing.
Everything the Family Court does under these heads is governed by section 5(1)(a) — the best interests of the child as the paramount consideration, prevailing over any other person’s interests — restated for parenting orders in section 102(1).
Sources
- Lukautim Pikinini Act 2015 — ss 5, 55, 59, 87–116, 119, 121
- Adoption of Children Act (Chapter 275)
- Matrimonial Causes Act (Chapter 282)
- Juvenile Justice Act 2014
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.