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Family law
Two hundred questions and answers on family law in Papua New Guinea - the Marriage Act (Chapter 280), the Matrimonial Causes Act (Chapter 282) and the Matrimonial Causes Rules 2022, the Lukautim Pikinini Act 2015, the Adoption of Children Act (Chapter 275), the Married Women's Property Act (Chapter 281) and the Adultery and Enticement Act 1988 - covering customary and statutory marriage, divorce and nullity, maintenance, custody and property, child protection and the Family Court, adoption, and actions for adultery and enticement.
Also in this topic: the adoption series
A ten-part plain-language introduction to adoption in Papua New Guinea, written before this series and kept here alongside it.
What Is Adoption in Papua New Guinea?
The two legal routes to adoption and what each one means. Opens a ten-part series.
Read the article → Part 2Who Can Adopt a Child in PNG?
Age, marriage and residence requirements, and when a single person may adopt.
Read the article → Part 3Who Must Consent to an Adoption?
Whose consent is required, the formalities, and when a court may dispense with it.
Read the article → Part 4Customary Adoption
Section 53, and why a customary adoption is whatever the applicable custom says it is.
Read the article → Part 5What an Adoption Order Actually Changes
Parentage, surname, domicile and inheritance — and what does not change.
Read the article → Adoption FAQ · part 1How Do I Apply to Adopt a Child in PNG?
The steps, the Director’s report, the National Court order, and what it costs.
Read the article → Adoption FAQ · part 2Can I Adopt My Relative’s Child?
The relative carve-out, adoption of a child already raised as your own, and adult adoption.
Read the article → Adoption FAQ · part 3Do I Need a Customary Adoption Certificate?
The Local Court certificate under section 54, and when the lack of one will cost you.
Read the article → Adoption FAQ · part 4Can the Birth Parents Change Their Mind?
Revoking consent, the effect of an order, and discharging an adoption order.
Read the article → Adoption FAQ · part 5Can a Foreigner Adopt a Child from PNG?
The residence and domicile rule that decides jurisdiction, and what Glass decided.
Read the article →Papua New Guinea recognises two valid forms of marriage - customary marriage under the Marriage Act Part II, and statutory marriage solemnised under Part V - and several overlapping sets of rules about children. A family law answer that is right in one province can be wrong in the next, so these guides are explicit about where custom takes over. The series works through seven statutes in plain language: the Marriage Act (Chapter 280), the Matrimonial Causes Act (Chapter 282), the Lukautim Pikinini Act 2015, the Adoption of Children Act (Chapter 275), the Married Women's Property Act (Chapter 281) and the Adultery and Enticement Act 1988.
Jump to a subject
200 questions and answers, grouped by subject.
- Marriage: the two valid forms — 12 questions
- Marriageable age and marriages of minors — 8 questions
- Void and voidable marriages — 9 questions
- Solemnisation of statutory marriages — 12 questions
- Offences under the Marriage Act — 4 questions
- Dissolution of marriage — 16 questions
- Nullity, separation and other decrees — 8 questions
- Jurisdiction, procedure and evidence — 14 questions
- Maintenance, custody, property and enforcement — 12 questions
- The Matrimonial Causes Rules 2022 — 5 questions
- Children: rights, principles and institutions — 8 questions
- Children in need of protection — 14 questions
- Child labour, prisons and childcare centres — 10 questions
- The Family Court and its orders — 18 questions
- Adoption under the Adoption of Children Act — 26 questions
- Married women and property — 12 questions
- Adultery and enticement — 12 questions
Marriage: the two valid forms
What marriage is in Papua New Guinea, customary marriage under Part II of the Marriage Act, statutory marriage, the protection of women in section 5, and how the two systems interact.
What Are the Two Kinds of Marriage in PNG?
The two valid forms of marriage in Papua New Guinea under the Marriage Act (Chapter 280), how they differ, and how they interact.
Read the answer → No. 2What Is a Customary Marriage?
Section 3 of the PNG Marriage Act (Chapter 280): customary marriage, how custom is proved, and what makes such a marriage valid.
Read the answer → No. 3How Does the Law Protect a Woman From a Forced Customary Marriage?
Section 5 of the PNG Marriage Act (Chapter 280): the power of a Local Court Magistrate to forbid a forced customary marriage, the offence, and annulment.
Read the answer → No. 4Can a Customary Marriage Be Annulled?
How a customary marriage ends in Papua New Guinea: annulment under section 5(3) of the Marriage Act, dissolution by custom, and why the Matrimonial Causes Act does not apply.
Read the answer → No. 5Is a Customary Marriage Recognised for All Purposes?
Section 3(2) of the PNG Marriage Act (Chapter 280): the full recognition of customary marriage and what it means across the rest of the law.
Read the answer → No. 6Can You Have a Customary and a Statutory Marriage?
Section 71(8) of the PNG Marriage Act (Chapter 280): combining a customary marriage with a statutory ceremony, and the bar on marrying two different people.
Read the answer → No. 7What Does the Marriage Act Mean by “Native”?
The undefined term “native” in section 3 of the PNG Marriage Act (Chapter 280), its origin, and how it falls to be read today.
Read the answer → No. 8Can a Couple Have a Second Marriage Ceremony?
Section 71 of the PNG Marriage Act (Chapter 280): the prohibition on second ceremonies and the four exceptions, including the doubt procedure and religious ceremonies.
Read the answer → No. 9How Do I Prove a Marriage in PNG?
How to prove a marriage in Papua New Guinea: certificates and judicial notice under the Marriage Act, and proving a customary marriage by evidence.
Read the answer → No. 10Is Polygamy Legal in PNG?
Polygamy in Papua New Guinea: customary polygamous marriage, the statutory bar in sections 17 and 57 of the Marriage Act, and where the two systems collide.
Read the answer → No. 11What Is Bride Price in PNG Law?
Bride price in Papua New Guinea law: its place in customary marriage, its role in proof, its treatment on dissolution, and its limits.
Read the answer → No. 12What Happens to Marriages That Took Place Before the Act?
Section 2 of the PNG Marriage Act (Chapter 280): the commencement date of 21 January 1965 and the position of earlier marriages.
Read the answer →Marriageable age and marriages of minors
The marriageable age, whose consent a minor needs, dispensing with consent, applications to a Magistrate or Judge, re-hearings, and how long a consent lasts.
What Is the Marriageable Age in PNG?
Section 7 of the PNG Marriage Act (Chapter 280): the marriageable ages, the exceptional order procedure, and how it interacts with the Lukautim Pikinini Act 2015.
Read the answer → No. 14Can a Minor Marry in PNG?
Section 8 of the PNG Marriage Act (Chapter 280): the consent requirement for marriages of minors, how consent must be witnessed, and when a celebrant must refuse.
Read the answer → No. 15Whose Consent Does a Minor Need to Marry?
Section 9 and Schedule 1 of the PNG Marriage Act (Chapter 280): who must consent to the marriage of a minor, in each family situation.
Read the answer → No. 16Can Consent to a Minor’s Marriage Be Dispensed With?
Section 10 of the PNG Marriage Act (Chapter 280): dispensing with a consent to a minor's marriage, the three conditions, and the limits on the power.
Read the answer → No. 17How Does a Magistrate Consent to a Minor’s Marriage?
Sections 11 and 13 of the PNG Marriage Act (Chapter 280): a Magistrate consenting in place of a parent or guardian, the two tests, and the procedure at an inquiry.
Read the answer → No. 18Can a Refusal of Consent Be Re-Heard?
Sections 12 and 14 of the PNG Marriage Act (Chapter 280): re-hearing by a Judge, who may request it, and the six-month bar on repeat applications.
Read the answer → No. 19How Long Does a Consent to Marry Last?
Sections 8(1) and 16 of the PNG Marriage Act (Chapter 280): the three-month rule for consents and dispensations, and when a dispensation ceases to have effect.
Read the answer → No. 20What Is Child Marriage Under PNG Law?
Section 86 of the PNG Lukautim Pikinini Act 2015: the child marriage offence, how it applies to customary marriage, and its relationship with the Marriage Act.
Read the answer →Void and voidable marriages
Section 17 void marriages, the prohibited degrees of consanguinity and affinity, relationships created by adoption, voidable marriages, and the validation of certain marriages.
When Is a Marriage Void?
Section 17 of the PNG Marriage Act (Chapter 280): the five grounds on which a marriage is void, including duress, fraud and mistake.
Read the answer → No. 22What Are the Prohibited Degrees of Relationship?
Schedule 2 of the PNG Marriage Act (Chapter 280): the prohibited degrees of consanguinity and affinity, for men and for women.
Read the answer → No. 23Can I Marry a Relative by Adoption?
Sections 19 and 21 of the PNG Marriage Act (Chapter 280): prohibited degrees created by adoption, and when a Judge may permit such a marriage.
Read the answer → No. 24Can a Court Allow a Marriage Within Prohibited Degrees?
Sections 20 and 21 of the PNG Marriage Act (Chapter 280): applying to a Judge for permission to marry within the prohibited degrees.
Read the answer → No. 25When Is a Marriage Voidable?
Section 22 of the PNG Marriage Act (Chapter 280): the four grounds on which a marriage is voidable, and the definition of “mental defective”.
Read the answer → No. 26What Is the Difference Between a Void and a Voidable Marriage?
Void and voidable marriages compared under the PNG Marriage Act (Chapter 280) and Matrimonial Causes Act (Chapter 282), and why the distinction matters.
Read the answer → No. 27Are Foreign Marriages Recognised in PNG?
How Papua New Guinea recognises marriages celebrated overseas: sections 17(1)(c), 23 and 24 of the Marriage Act (Chapter 280).
Read the answer → No. 28What Happens to Children of a Void Marriage?
Section 54 of the PNG Marriage Act (Chapter 280): the legitimacy of children of a void marriage, the reasonable belief test, and the property saving.
Read the answer → No. 29How Is a Marriage Saved Under Section 23?
Section 23 of the PNG Marriage Act (Chapter 280): the saving for pre-1965 marriages and for marriages governed by foreign law, and section 43 on the invalidity of certain marriages.
Read the answer →Solemnisation of statutory marriages
Registered ministers of religion and other authorised celebrants, notices and declarations, the time and place of the ceremony, witnesses, the form of ceremony, marriage certificates, and consular marriages.
How Is a Statutory Marriage Solemnised?
An overview of Part V of the PNG Marriage Act (Chapter 280): the steps to a valid statutory marriage.
Read the answer → No. 31Who Can Solemnise a Marriage?
The definition of “authorized celebrant” in the PNG Marriage Act (Chapter 280), and the three categories of person who may solemnise a marriage.
Read the answer → No. 32How Does a Minister of Religion Get Registered?
Sections 26 to 29 of the PNG Marriage Act (Chapter 280): recognised denominations, the qualifications for registration, and the grounds on which the Registrar-General may refuse.
Read the answer → No. 33Can a Minister’s Registration Be Cancelled?
Sections 30 to 32 of the PNG Marriage Act (Chapter 280): cancellation of a minister's registration, the show cause procedure, and review by the Minister.
Read the answer → No. 34What Is an Authorised Celebrant Under Section 34?
Section 34 of the PNG Marriage Act (Chapter 280): the Registrar-General and other celebrants authorised by the Minister, and the limits on their authority.
Read the answer → No. 35What Notice Must Be Given Before a Marriage?
Section 37 of the PNG Marriage Act (Chapter 280): the notice of intended marriage, birth evidence, the declarations, and when a celebrant must refuse.
Read the answer → No. 36Where and When Can a Marriage Be Solemnised?
Section 38 of the PNG Marriage Act (Chapter 280): the time and place of a marriage, and the practical limits set by sections 36 and 42.
Read the answer → No. 37Who Must Witness a Marriage?
Section 39 of the PNG Marriage Act (Chapter 280): the witness requirement, the apparent-age test, and what happens if it is not met.
Read the answer → No. 38What Words Must Be Said at a Marriage Ceremony?
Section 40 of the PNG Marriage Act (Chapter 280): the form of ceremony, the statutory words, and the conclusive evidence rule in section 40(3).
Read the answer → No. 39What Must a Celebrant Explain Before a Marriage?
Section 41 of the PNG Marriage Act (Chapter 280): the explanation of the marriage relationship, who must give it, and the exemption in section 41(2).
Read the answer → No. 40What Is a Marriage Certificate?
Sections 44 and 45 of the PNG Marriage Act (Chapter 280): marriage certificates, who signs them, where they go, and what happens if one is lost.
Read the answer → No. 41Can a Marriage Be Solemnised by a Consular Officer?
Division V.3 of the PNG Marriage Act (Chapter 280), sections 46 to 50: marriages by foreign diplomatic or consular officers in Papua New Guinea.
Read the answer →Offences under the Marriage Act
Bigamy, marrying a person under age, false declarations and forged consents, unauthorised solemnisation, legitimation, second ceremonies and interpreters.
What Is Bigamy?
Section 57 of the PNG Marriage Act (Chapter 280): the bigamy offence, the presumption-of-death defence, and the exemption for customary polygamy.
Read the answer → No. 43What Are the Other Offences Under the Marriage Act?
Sections 58 to 69 of the PNG Marriage Act (Chapter 280): the offences other than bigamy, their penalties, and the defences.
Read the answer → No. 44What Is Legitimation by Marriage?
Sections 51 to 53 of the PNG Marriage Act (Chapter 280): legitimation by the subsequent marriage of the parents, the connecting factors, and foreign legitimations.
Read the answer → No. 45Do I Need an Interpreter at a Marriage Ceremony?
Section 70 of the PNG Marriage Act (Chapter 280): interpreters at marriage ceremonies, the statutory declaration, the certificate, and the offences.
Read the answer →Dissolution of marriage
The grounds for dissolution in section 17, desertion and constructive desertion, separation, adultery, cruelty, the three-year rule, condonation and collusion, discretionary bars, damages and re-marriage.
What Is a Matrimonial Cause?
Section 1 of the PNG Matrimonial Causes Act (Chapter 282): what a matrimonial cause is, which court hears one, and the customary marriage exclusion in section 4.
Read the answer → No. 47What Are the Grounds for Divorce?
Section 17 of the PNG Matrimonial Causes Act (Chapter 282): the complete list of grounds for a decree of dissolution of marriage.
Read the answer → No. 48What Is Adultery as a Ground for Divorce?
Section 17(a) of the PNG Matrimonial Causes Act (Chapter 282): adultery as a ground for dissolution, joinder of the adulterer, and the bars that apply.
Read the answer → No. 49What Is Desertion as a Ground for Divorce?
Section 17(b) of the PNG Matrimonial Causes Act (Chapter 282): desertion, its elements, the two-year period, and the extensions in sections 19 and 20.
Read the answer → No. 50What Is Constructive Desertion?
Section 18 of the PNG Matrimonial Causes Act (Chapter 282): constructive desertion, its two elements, and why intention is irrelevant.
Read the answer → No. 51What Is Cruelty as a Ground for Divorce?
Section 17(d) of the PNG Matrimonial Causes Act (Chapter 282): cruelty as a ground for dissolution, the one-year period, and the alternatives where the conduct is violent.
Read the answer → No. 52What Is Separation as a Ground for Divorce?
Sections 17(m) and 25 of the PNG Matrimonial Causes Act (Chapter 282): the separation ground, the five-year period, and the six qualifications in section 25.
Read the answer → No. 53Can I Divorce for Habitual Drunkenness?
Section 17(f) of the PNG Matrimonial Causes Act (Chapter 282): habitual drunkenness and drug intoxication as a ground for dissolution.
Read the answer → No. 54Can I Divorce Because My Spouse Is in Prison?
Sections 17(g), (h) and (i) and section 22 of the PNG Matrimonial Causes Act (Chapter 282): imprisonment and criminal conviction as grounds for dissolution.
Read the answer → No. 55Can I Divorce for Unsoundness of Mind?
Sections 17(l) and 24 of the PNG Matrimonial Causes Act (Chapter 282): unsoundness of mind as a ground for dissolution, and the conditions that must persist to the hearing.
Read the answer → No. 56Can I Divorce for Failure to Pay Maintenance?
Sections 17(j) and 23 of the PNG Matrimonial Causes Act (Chapter 282): failure to pay maintenance as a ground for dissolution, and the enforcement precondition.
Read the answer → No. 57Can I Divorce for Refusal to Consummate?
Sections 17(c) and 21 of the PNG Matrimonial Causes Act (Chapter 282): wilful refusal to consummate, and how it differs from incapacity.
Read the answer → No. 58Can I Divorce on Presumption of Death?
Sections 17(n) and 26 of the PNG Matrimonial Causes Act (Chapter 282): dissolution on presumption of death, the seven-year rule, and the form of the decree.
Read the answer → No. 59Can I Divorce Within Three Years of Marriage?
Section 31 of the PNG Matrimonial Causes Act (Chapter 282): the three-year rule, the three exempt grounds, and the test for leave.
Read the answer → No. 60What Are Condonation, Connivance and Collusion?
Sections 27 and 28 of the PNG Matrimonial Causes Act (Chapter 282): the absolute bars of condonation, connivance and collusion.
Read the answer → No. 61What Are the Discretionary Bars to Divorce?
Section 29 of the PNG Matrimonial Causes Act (Chapter 282): the four discretionary bars, how they differ from the absolute bars, and how the discretion is exercised.
Read the answer →Nullity, separation and other decrees
Decrees of nullity, judicial separation and its effects, restitution of conjugal rights, and jactitation of marriage.
What Is a Decree of Nullity?
Sections 35 to 39 of the PNG Matrimonial Causes Act (Chapter 282): decrees of nullity, who may petition, the restrictions, and the effect of a decree.
Read the answer → No. 63What Is Incapacity to Consummate a Marriage?
Sections 36(a) and 37 of the PNG Matrimonial Causes Act (Chapter 282): incapacity to consummate, the conditions for a decree, and the harsh and oppressive bar.
Read the answer → No. 64What Is Judicial Separation?
Sections 40 and 41 of the PNG Matrimonial Causes Act (Chapter 282): judicial separation, its grounds, and which divorce provisions apply to it.
Read the answer → No. 65What Does a Decree of Judicial Separation Do?
Sections 42 to 44 and 46 to 47 of the PNG Matrimonial Causes Act (Chapter 282): the effect of a decree of judicial separation, and how it is discharged.
Read the answer → No. 66Can I Divorce After a Judicial Separation?
Section 45 of the PNG Matrimonial Causes Act (Chapter 282): dissolution after a judicial separation, and the evidentiary shortcut it provides.
Read the answer → No. 67What Is Restitution of Conjugal Rights?
Sections 48 to 52 of the PNG Matrimonial Causes Act (Chapter 282): restitution of conjugal rights, the sincerity requirement, and why the decree cannot be enforced by attachment.
Read the answer → No. 68What Is Jactitation of Marriage?
Sections 53 and 54 of the PNG Matrimonial Causes Act (Chapter 282): the decree of jactitation of marriage, its elements, and the discretion to refuse.
Read the answer → No. 69Can I Claim Damages From an Adulterer?
Sections 32 and 33 of the PNG Matrimonial Causes Act (Chapter 282): claiming damages from an adulterer, the three restrictions, and the abolition of criminal conversation.
Read the answer →Jurisdiction, procedure and evidence
Which court has jurisdiction, reconciliation and marriage guidance, instituting proceedings, decree nisi and decree absolute, intervention, evidence, restrictions on publication, costs and vexatious proceedings.
Which Court Hears a Divorce?
Section 14 of the PNG Matrimonial Causes Act (Chapter 282): the jurisdiction of the National Court, the domicile requirements, and the six-month Australian rule.
Read the answer → No. 71What if the Wife Lives in a Different Country?
Section 15 of the PNG Matrimonial Causes Act (Chapter 282): the special provisions on a wife's domicile, and why they were needed.
Read the answer → No. 72What Law Does the Court Apply?
Section 16 of the PNG Matrimonial Causes Act (Chapter 282): the law to be applied, the ecclesiastical courts rule, and private international law.
Read the answer → No. 73What Is a Marriage Guidance Organisation?
Part II of the PNG Matrimonial Causes Act (Chapter 282), sections 5 to 9: approval of marriage guidance organisations, grants, reporting, and counsellor secrecy.
Read the answer → No. 74Must We Try to Reconcile Before Divorce?
Section 10 of the PNG Matrimonial Causes Act (Chapter 282): the court's duty to consider reconciliation, the three things a Judge may do, and section 11 where the attempt fails.
Read the answer → No. 75Is What I Say in Reconciliation Confidential?
Sections 12 and 13 of the PNG Matrimonial Causes Act (Chapter 282): the inadmissibility of statements made in reconciliation, and the oath of secrecy.
Read the answer → No. 76How Do I Start Divorce Proceedings?
Sections 56 and 57 of the PNG Matrimonial Causes Act (Chapter 282): instituting proceedings by petition, cross-petitions in the answer, and entitlement to a decree.
Read the answer → No. 77What Is a Decree Nisi?
Section 58 of the PNG Matrimonial Causes Act (Chapter 282): the decree nisi, why the Act requires one, and what happens between nisi and absolute.
Read the answer → No. 78When Does a Decree Become Absolute?
Sections 60 and 61 of the PNG Matrimonial Causes Act (Chapter 282): when a decree nisi becomes absolute, extensions and reductions, appeals, and the certificate.
Read the answer → No. 79What Happens to a Divorce When There Are Children Under 16?
Section 59 of the PNG Matrimonial Causes Act (Chapter 282): the requirement to satisfy the court about arrangements for children under 16 before a decree becomes absolute.
Read the answer → No. 80Can a Decree Nisi Be Rescinded?
Sections 62, 63 and 69 of the PNG Matrimonial Causes Act (Chapter 282): rescission of a decree nisi on reconciliation, on miscarriage of justice, and on intervention.
Read the answer → No. 81Who Can Intervene in a Divorce?
Part VI of the PNG Matrimonial Causes Act (Chapter 282), sections 65 to 71: intervention by the Principal Legal Adviser and by other persons.
Read the answer → No. 82What Evidence Is Needed in a Divorce?
Part IX of the PNG Matrimonial Causes Act (Chapter 282), sections 80 to 85: the standard of proof, spousal evidence, non-access, adultery questions and proof of marriage.
Read the answer → No. 83Can Divorce Proceedings Be Reported?
Sections 92 and 95 of the PNG Matrimonial Causes Act (Chapter 282): open court, exclusion orders, the four permitted categories of publication, penalties and exemptions.
Read the answer →Maintenance, custody, property and enforcement
Maintenance of a spouse and children, custody and access orders, settlement of property, transactions intended to defeat claims, recognition of foreign decrees, and how orders are enforced.
Can I Get Maintenance After Divorce?
Section 73 of the PNG Matrimonial Causes Act (Chapter 282): spousal and child maintenance, the factors, interim maintenance and the age 21 limit.
Read the answer → No. 85How Does a Court Decide Custody in a Divorce?
Section 74 of the PNG Matrimonial Causes Act (Chapter 282): custody, guardianship, welfare, advancement and education of children of a marriage.
Read the answer → No. 86Can a Court Order a Settlement of Property on Divorce?
Section 75 of the PNG Matrimonial Causes Act (Chapter 282): settlement of property on divorce, marriage settlements, and the age 21 limit.
Read the answer → No. 87What General Powers Does the Court Have Over Money?
Section 76 of the PNG Matrimonial Causes Act (Chapter 282): the general powers of the court in maintenance, custody and property proceedings, and the limits on variation.
Read the answer → No. 88Can a Court Order Someone to Sign a Document?
Section 77 of the PNG Matrimonial Causes Act (Chapter 282): execution of deeds and instruments by order of the court where a party refuses to sign.
Read the answer → No. 89What Orders Can Be Made if a Petition Is Dismissed?
Section 78 of the PNG Matrimonial Causes Act (Chapter 282): when Part VII orders survive the dismissal of a petition for principal relief.
Read the answer → No. 90Can My Spouse Give Away Assets to Defeat My Claim?
Section 93 of the PNG Matrimonial Causes Act (Chapter 282): transactions intended to defeat claims, and the injunction power in section 96.
Read the answer → No. 91How Is a Maintenance Order Enforced?
Part X of the PNG Matrimonial Causes Act (Chapter 282), sections 86 to 88: attachment, recovery as a judgment debt, enforcement against an estate, and summary registration.
Read the answer → No. 92What Is an Attachment of Earnings Order?
Section 89 and Schedule 2 of the PNG Matrimonial Causes Act (Chapter 282): attachment of earnings orders, the deduction and protected earnings rates, employer duties and offences.
Read the answer → No. 93How Else Can a Matrimonial Decree Be Enforced?
Sections 90, 91 and 96 of the PNG Matrimonial Causes Act (Chapter 282): enforcement by other means, existing decrees, and injunctions in aid of enforcement.
Read the answer → No. 94Is a Foreign Divorce Recognised in PNG?
Section 79 of the PNG Matrimonial Causes Act (Chapter 282): recognition of foreign divorces and annulments, the domicile rules, the deeming provisions and the natural justice exception.
Read the answer → No. 95What Happens to Costs in a Matrimonial Cause?
Sections 97 and 98 of the PNG Matrimonial Causes Act (Chapter 282): costs, security for costs, and the dismissal of frivolous or vexatious proceedings.
Read the answer →The Matrimonial Causes Rules 2022
What the Rules govern, how a petition is filed and served, and the practical steps in a matrimonial cause.
What Are the Matrimonial Causes Rules 2022?
The Matrimonial Causes Rules 2022 of Papua New Guinea: what they are, the twenty-odd matters the Matrimonial Causes Act leaves to them, and how to find them.
Read the answer → No. 97How Do I File a Petition for Divorce in PNG?
Filing a divorce petition in Papua New Guinea: section 56 of the Matrimonial Causes Act (Chapter 282), what the petition must contain, and the documents filed with it.
Read the answer → No. 98How Is a Divorce Petition Served?
Section 94 of the PNG Matrimonial Causes Act (Chapter 282): service of process in and outside Papua New Guinea, substituted service and dispensation.
Read the answer → No. 99What Happens at the Hearing of a Divorce Petition?
The hearing of a divorce petition in Papua New Guinea: reconciliation, evidence, section 57 entitlement to a decree, the section 59 declaration and the decree nisi.
Read the answer → No. 100What Does a Divorce Cost and How Long Does It Take?
The practical cost and timing of a divorce in Papua New Guinea: the statutory waiting periods, court fees, legal costs, the Public Solicitor, and what makes a case take longer.
Read the answer →Children: rights, principles and institutions
The objectives and principles of the Lukautim Pikinini Act 2015, the rights of the child, the duty to maintain a child, parental responsibility, and the Office, Council and Committees that administer the Act.
What Is the Lukautim Pikinini Act 2015?
An overview of the PNG Lukautim Pikinini Act 2015: what it repealed, what it established, its fifteen Parts, and how it fits with the Constitution and other family legislation.
Read the answer → No. 102What Are the Principles of the Lukautim Pikinini Act?
Sections 4 and 5 of the PNG Lukautim Pikinini Act 2015: the objectives of the Act, the fifteen interpretive principles, the child’s right to participate and the duty to maintain.
Read the answer → No. 103What Rights Does a Child Have in PNG?
Sections 6 and 7 of the PNG Lukautim Pikinini Act 2015, the constitutional rights of children, and the rights recognised in the Convention on the Rights of the Child.
Read the answer → No. 104Who Must Maintain a Child in PNG?
Section 8 of the PNG Lukautim Pikinini Act 2015: the duty to maintain a child, the six things a child is entitled to, and how the duty is enforced.
Read the answer → No. 105What Is Parental Responsibility in PNG?
Section 9 of the PNG Lukautim Pikinini Act 2015: who holds parental responsibility, the four routes by which relatives may exercise it, and how it relates to custody and guardianship.
Read the answer → No. 106What Is the Office for Child and Family Services?
Sections 12 to 15 and 29 to 34 of the PNG Lukautim Pikinini Act 2015: the Office for Child and Family Services, its powers and functions, the register, and the Director.
Read the answer → No. 107What Is the National Child and Family Services Council?
Sections 16 to 23 of the PNG Lukautim Pikinini Act 2015: the composition, powers, functions, meetings and reporting duties of the National Child and Family Services Council.
Read the answer → No. 108What Do Provincial and District Child Committees Do?
Sections 24 to 28 of the PNG Lukautim Pikinini Act 2015: the Provincial Child and Family Services Councils and the District Child and Family Services Committees.
Read the answer →Children in need of protection
The duty to report, investigation, search warrants and removal, emergency protection powers, abandoned and lost children, temporary custody, and the responsibilities of the Director.
Who Is a Child in Need of Protection?
The definition of “child in need of protection” in section 2 of the PNG Lukautim Pikinini Act 2015, and what follows from a child falling within it.
Read the answer → No. 110Who Must Report Child Abuse in PNG?
Section 38 of the PNG Lukautim Pikinini Act 2015: the duty to report a child in need of protection, who is a mandatory reporter, and what happens on failure.
Read the answer → No. 111Am I Protected if I Report Child Abuse?
Section 39 of the PNG Lukautim Pikinini Act 2015: immunity for a person who reports a child in need of protection, and the limits of that protection.
Read the answer → No. 112What Happens if I Make a Malicious Report About a Child?
Section 40 of the PNG Lukautim Pikinini Act 2015: the offence of making a malicious child protection report, and how it differs from an honest report that turns out to be wrong.
Read the answer → No. 113How Is a Child Protection Report Investigated?
Section 42 of the PNG Lukautim Pikinini Act 2015: investigation procedures, the Safety Assessment, the Safety Placement Decision and confidentiality of the reporter.
Read the answer → No. 114Who Are Child Protection Officers?
Sections 35 to 37 of the PNG Lukautim Pikinini Act 2015: the appointment and powers of Child Protection Officers, and child protection volunteers.
Read the answer → No. 115When Can a Child Protection Warrant Be Issued?
Section 43 of the PNG Lukautim Pikinini Act 2015: the child protection search warrant, who may apply, the grounds, and the requirement that a Child Protection Officer accompany the search.
Read the answer → No. 116When Can a Child Be Removed From Home?
Section 44 of the PNG Lukautim Pikinini Act 2015: removal of a child to a place of safety, the child’s belongings, and the duty to provide medical or psychosocial support.
Read the answer → No. 117What Happens if a Child Is in Immediate Danger?
Sections 45 and 46 of the PNG Lukautim Pikinini Act 2015: the emergency protection powers, who may exercise them, the entry power and the 24-hour reporting duty.
Read the answer → No. 118What Is the Offence of Abandoning a Child?
Sections 47 and 48 of the PNG Lukautim Pikinini Act 2015: the offence of abandoning a child, and the rules about taking an abandoned child from a hospital nursery.
Read the answer → No. 119What Happens to a Lost or Runaway Child?
Section 49 of the PNG Lukautim Pikinini Act 2015: taking charge of a lost or runaway child, locating parents, the child who refuses to return, and mediation.
Read the answer → No. 120Must Parents Be Notified When a Child Is Taken?
Section 50 of the PNG Lukautim Pikinini Act 2015: the duty to notify parents when a child is removed, and the limits of that duty.
Read the answer → No. 121What Is Temporary Custody Under the Lukautim Pikinini Act?
Section 51 of the PNG Lukautim Pikinini Act 2015: temporary custody by the Office, the Director’s power to consent to health care, and when temporary custody ends.
Read the answer → No. 122What Are the Director’s Responsibilities for a Child in Care?
Section 52 of the PNG Lukautim Pikinini Act 2015: the Director’s general responsibilities for a child in temporary or permanent care, the six ways of providing care, and permanency.
Read the answer →Child labour, prisons and childcare centres
Child labour and exposure, children of women in prison, licensing and inspection of early childhood care centres, and the general offences against children.
What Is Child Labour Under PNG Law?
Section 54 of the PNG Lukautim Pikinini Act 2015: the offence of child labour, the liability of parents and employers, and the corporate penalty.
Read the answer → No. 124What Is the Offence of Exposure or Exhibition of a Child?
Section 53 of the PNG Lukautim Pikinini Act 2015: the definition of exposure or exhibition of a child, the approval requirement, and the offence.
Read the answer → No. 125Can a Child Live With a Mother in Prison?
Sections 56, 58 and 59 of the PNG Lukautim Pikinini Act 2015: children living in prison with their mothers, breastfeeding access, and access to a parent in prison.
Read the answer → No. 126What Happens to a Pregnant Woman in Prison?
Sections 57, 60 and 62 of the PNG Lukautim Pikinini Act 2015: the entitlements of a pregnant inmate, the offence of endangering the pregnancy, and pregnant and breastfeeding remandees.
Read the answer → No. 127Can a Child Be Transferred From a Corrective Institution?
Section 55 of the PNG Lukautim Pikinini Act 2015: transfer of a child from a corrective institution or police lock-up to out-of-home care, and transfer back.
Read the answer → No. 128Does a Childcare Centre Need a Licence in PNG?
Sections 63 to 67 of the PNG Lukautim Pikinini Act 2015: who must be licensed to run a childcare or out-of-home care centre, the application process, and what a licence contains.
Read the answer → No. 129What Standards Must a Childcare Centre Meet?
Sections 68 to 72 of the PNG Lukautim Pikinini Act 2015: minimum standards, staff qualifications, registers and daily logs, restrictions on removing a child, and inspection.
Read the answer → No. 130What Happens if a Childcare Centre Breaks Its Licence?
Sections 73 to 76 of the PNG Lukautim Pikinini Act 2015: non-compliance with licence conditions, the offence of operating an unlicensed place, notice of the death of a child, and service of notices.
Read the answer → No. 131What Offences Protect Children Under the Lukautim Pikinini Act?
Part XI of the PNG Lukautim Pikinini Act 2015, sections 78 to 86: the general offences protecting children and their penalties.
Read the answer → No. 132What Are Harmful Customary Practices Under PNG Law?
Section 80 of the PNG Lukautim Pikinini Act 2015: the offence of subjecting a child to a harmful social or customary practice, and how it fits with the constitutional recognition of custom.
Read the answer →The Family Court and its orders
The establishment and jurisdiction of the Family Court, child protection hearings and orders, parenting orders and the best interests of the child, guardianship, affiliation proceedings, maintenance orders and appeals.
What Is the Family Court in PNG?
Sections 87, 89 and 90 of the PNG Lukautim Pikinini Act 2015: the establishment of the Family Court, who sits in it, and the practice and procedure that applies.
Read the answer → No. 134What Jurisdiction Does the Family Court Have?
Section 88 of the PNG Lukautim Pikinini Act 2015: the six heads of Family Court jurisdiction, and what falls outside them.
Read the answer → No. 135How Do I Start Proceedings in the Family Court?
Sections 91 and 92 of the PNG Lukautim Pikinini Act 2015: instituting Family Court proceedings by complaint, the corroboration requirement, and summons or warrant.
Read the answer → No. 136What Happens at a Child Protection Hearing?
Sections 93 and 95 of the PNG Lukautim Pikinini Act 2015: the child protection hearing, the court’s own-initiative summons power, informal procedure and closed hearings.
Read the answer → No. 137What Must a Court Consider When Placing a Child?
Section 94 of the PNG Lukautim Pikinini Act 2015: the four placement considerations, and the duty to consider placement within the family or community before removal.
Read the answer → No. 138Can Family Court Proceedings Be Reported?
Section 96 of the PNG Lukautim Pikinini Act 2015: the offence of publishing information identifying a child in Family Court proceedings, and the closed-hearing provisions.
Read the answer → No. 139When Does a Court Find a Child in Need of Protection?
Section 97 of the PNG Lukautim Pikinini Act 2015: the finding at a child protection hearing, the mandatory return where no protection is needed, and consideration of the care plan.
Read the answer → No. 140What Is a Care Plan for a Child?
Section 98 of the PNG Lukautim Pikinini Act 2015: the care plan the Office must prepare, what it should address, and its enforcement under section 78(2)(b).
Read the answer → No. 141What Child Protection Orders Can a Court Make?
Sections 99 and 100 of the PNG Lukautim Pikinini Act 2015: temporary and permanent child protection orders, and allowances from the Child Protection Trust Fund.
Read the answer → No. 142What Is a Parenting Order in PNG?
Section 101 of the PNG Lukautim Pikinini Act 2015: parenting orders, who may apply for one, and how they differ from custody orders in a divorce.
Read the answer → No. 143What Does the Court Consider in a Parenting Order?
Section 102 of the PNG Lukautim Pikinini Act 2015: the paramountcy of best interests, equal or substantial and significant time, and equal shared parental responsibility.
Read the answer → No. 144What Are the Best Interests of the Child in PNG?
Section 103 of the PNG Lukautim Pikinini Act 2015: the primary and additional considerations in determining a child’s best interests, and the parallel list in section 5(3).
Read the answer → No. 145How Is a Guardian Appointed for a Child?
Section 104 of the PNG Lukautim Pikinini Act 2015: appointment of a guardian by the court or by deed or will, the guardian’s responsibilities, and removal.
Read the answer → No. 146What Are Affiliation Proceedings in PNG?
Sections 105 and 106 of the PNG Lukautim Pikinini Act 2015: affiliation proceedings for a child born outside marriage, who may complain, and what the complaint must state.
Read the answer → No. 147Who Pays Confinement Expenses for a Child?
Section 107 and the section 2 definition of confinement expenses in the PNG Lukautim Pikinini Act 2015: what they cover and how they are ordered.
Read the answer → No. 148How Do I Get a Maintenance Order for a Child?
Sections 108 and 109 of the PNG Lukautim Pikinini Act 2015: obtaining a child maintenance order and a maintenance order for a deserted spouse.
Read the answer → No. 149How Long Does a Child Maintenance Order Last?
Sections 110 to 112 of the PNG Lukautim Pikinini Act 2015: the duration of child and spousal maintenance orders, variation after 18, funeral expenses and the time limit.
Read the answer → No. 150Can I Appeal a Family Court Decision?
Section 115 of the PNG Lukautim Pikinini Act 2015: appeals from the Family Court to the National Court, the 40-day time limit, and the automatic stay.
Read the answer →Adoption under the Adoption of Children Act
Who may be adopted and who may adopt, consents and dispensing with them, interim and final orders, the effect of an adoption order, recognition of foreign adoptions, customary adoption, and the offences.
What Is the Adoption of Children Act?
An overview of the PNG Adoption of Children Act (Chapter 275): its seven Parts, the key definitions, and how statutory adoption sits alongside customary adoption.
Read the answer → No. 152Which Court Can Make an Adoption Order in PNG?
Section 2 of the PNG Adoption of Children Act (Chapter 275): the National Court’s exclusive adoption jurisdiction, and what the Family Court and Local Courts may do instead.
Read the answer → No. 153When Can the National Court Exercise Adoption Jurisdiction?
Sections 3 and 4 of the PNG Adoption of Children Act (Chapter 275): the residence, domicile and presence requirements, the 21-day presumption, and the exclusion of private international law.
Read the answer → No. 154Who Can Be Adopted in PNG?
Section 6 of the PNG Adoption of Children Act (Chapter 275): who may be adopted, the age limit, the exception for a person raised as the applicants’ child, and re-adoption.
Read the answer → No. 155Who Can Apply for an Adoption Order in PNG?
Section 7 of the PNG Adoption of Children Act (Chapter 275): joint applications by husband and wife, single applicants, and adoption by a step-parent with the natural parent.
Read the answer → No. 156How Old Must an Adopter Be in PNG?
Section 8 of the PNG Adoption of Children Act (Chapter 275): the minimum age of adopters, the age gap requirement, and the two exceptions.
Read the answer → No. 157What Must a Court Be Satisfied of Before an Adoption?
Section 9 of the PNG Adoption of Children Act (Chapter 275): the Director’s report, the three matters the court must be satisfied of, the medical report, and the rules for adults.
Read the answer → No. 158Who Must Be Notified of an Adoption Application?
Section 10 of the PNG Adoption of Children Act (Chapter 275): notice of an adoption application, the anonymity requirement, dispensation, and the court’s power to direct further notice.
Read the answer → No. 159Who Are the Parties to an Adoption Application?
Section 11 of the PNG Adoption of Children Act (Chapter 275): joinder of parties to an adoption application, the two permitted purposes, and the Director’s right to appear.
Read the answer → No. 160Whose Consent Is Needed for an Adoption in PNG?
Sections 15 and 16 of the PNG Adoption of Children Act (Chapter 275): the appropriate persons whose consent is required, and general versus specific consents.
Read the answer → No. 161Can a Consent to Adoption Be Revoked?
Section 17 of the PNG Adoption of Children Act (Chapter 275): revoking a consent to adoption, the 30-day window, how service is effected, and what happens afterwards.
Read the answer → No. 162What Form Must a Consent to Adoption Take?
Sections 18 and 19 of the PNG Adoption of Children Act (Chapter 275): the prescribed form and authentication of a consent, and consents given under Australian law.
Read the answer → No. 163What Happens if a Consent to Adoption Is Defective?
Section 20 of the PNG Adoption of Children Act (Chapter 275): defective consents, the four grounds, and the special protections for a mother signing before or soon after the birth.
Read the answer → No. 164When Can a Court Dispense With Consent to Adoption?
Section 21 of the PNG Adoption of Children Act (Chapter 275): dispensing with a consent to adoption, the five grounds, advance orders and revocation.
Read the answer → No. 165Does the Child Have to Consent to Adoption?
Section 22 of the PNG Adoption of Children Act (Chapter 275): the consent of a child aged 12 or over, and the special reasons exception.
Read the answer → No. 166Who Is the Guardian of a Child Awaiting Adoption?
Section 23 of the PNG Adoption of Children Act (Chapter 275): the Director’s guardianship of a child awaiting adoption, when it begins, how it ends, and the one-year report.
Read the answer → No. 167What Is an Interim Adoption Order?
Sections 33 to 35 of the PNG Adoption of Children Act (Chapter 275): interim orders for custody pending an adoption, their duration and discharge.
Read the answer → No. 168What Does an Adoption Order Do in PNG?
Section 28 of the PNG Adoption of Children Act (Chapter 275): the general effect of an adoption order, and the exception for sexual offence laws.
Read the answer → No. 169How Does Adoption Affect Inheritance in PNG?
Sections 29 and 32 of the PNG Adoption of Children Act (Chapter 275): the effect of adoption on dispositions of property, the pre-1969 exceptions, and protection for trustees.
Read the answer → No. 170What Name and Domicile Does an Adopted Child Have?
Sections 30 and 31 of the PNG Adoption of Children Act (Chapter 275): the name and domicile of an adopted child, and the deemed domicile of origin.
Read the answer → No. 171Can an Adoption Order Be Discharged?
Section 13 of the PNG Adoption of Children Act (Chapter 275): discharge of an adoption order, who may apply, the two grounds, and the consequential orders.
Read the answer → No. 172What Happens if an Adoption Application Is Refused?
Section 12 of the PNG Adoption of Children Act (Chapter 275): orders for the care and control of a child after an adoption application is refused.
Read the answer → No. 173Are Foreign Adoptions Recognised in PNG?
Part IV of the PNG Adoption of Children Act (Chapter 275), sections 36 to 39: recognition of Australian and foreign adoptions, and declarations of validity.
Read the answer → No. 174What Is Adoption by Custom Under Part VI?
Part VI of the PNG Adoption of Children Act (Chapter 275), sections 52 to 58: adoption by custom, Local Court certificates, fosterage and guardianship, and appeals.
Read the answer → No. 175What Offences Apply to Adoption in PNG?
Part V of the PNG Adoption of Children Act (Chapter 275), sections 40 to 51: the adoption offences, their penalties, and the Public Prosecutor’s consent to prosecute.
Read the answer → No. 176Are Adoption Records Confidential in PNG?
Sections 14 and 62 to 65 of the PNG Adoption of Children Act (Chapter 275): sealed documents, closed hearings, the offence of revealing identities, and restrictions on inspection.
Read the answer →Married women and property
The Married Women's Property Act (Chapter 281): capacity, separate property, joint liability, policies of assurance, summary determination of property questions, and settlements.
What Is the Married Women’s Property Act?
An overview of the PNG Married Women’s Property Act (Chapter 281): what it changed, its twenty sections, and how it relates to divorce and family law.
Read the answer → No. 178What Capacity Does a Married Woman Have to Own Property?
Sections 2, 3 and 4 of the PNG Married Women’s Property Act (Chapter 281): the capacity of married women, joint liability of spouses, and joint powers.
Read the answer → No. 179Is a Husband Liable for His Wife’s Debts?
Section 14 of the PNG Married Women’s Property Act (Chapter 281): the husband’s liability for his wife’s torts and ante-nuptial contracts, and what the section preserves.
Read the answer → No. 180What Is a Married Woman’s Separate Property?
Section 5 of the PNG Married Women’s Property Act (Chapter 281): the property of a married woman, what counts as separate property, and the one qualification.
Read the answer → No. 181Can a Married Woman Hold Investments in Her Own Name?
Sections 6 to 9 of the PNG Married Women’s Property Act (Chapter 281): investments in a married woman’s sole or joint name, dealings without her husband, and investments bought with his money.
Read the answer → No. 182Can a Married Woman Take Out a Life Policy?
Section 10 of the PNG Married Women’s Property Act (Chapter 281): a married woman’s capacity to effect a policy of assurance or an endowment contract.
Read the answer → No. 183Who Gets the Money Under a Spouse’s Life Policy?
Section 11 of the PNG Married Women’s Property Act (Chapter 281): the statutory trust over life policy moneys, protection from creditors, trustees and receipts.
Read the answer → No. 184What Remedies Does a Married Woman Have Over Her Property?
Sections 12 and 18 of the PNG Married Women’s Property Act (Chapter 281): a married woman’s civil remedies for the protection of her property, and her legal personal representative.
Read the answer → No. 185Is a Wife Liable for Her Ante-Nuptial Debts?
Section 13 of the PNG Married Women’s Property Act (Chapter 281): a wife’s continuing liability for pre-marriage debts, contracts and wrongs, and liability as a contributory.
Read the answer → No. 186How Can a Property Dispute Between Spouses Be Decided Summarily?
Section 15 of the PNG Married Women’s Property Act (Chapter 281): the summary determination of questions as to property between husband and wife.
Read the answer → No. 187Can a Married Woman Be an Executor or Trustee?
Section 16 of the PNG Married Women’s Property Act (Chapter 281): a married woman as executrix, administratrix or trustee, her liabilities, and the position of her husband.
Read the answer → No. 188What Is a Restraint on Anticipation?
Sections 5(2), 19 and 20 of the PNG Married Women’s Property Act (Chapter 281): restraints on anticipation, settlements, and costs out of restrained property.
Read the answer →Adultery and enticement
The Adultery and Enticement Act 1988: what counts as an act of adultery and as enticement, who may sue, time limits, defences, mediation, and how compensation is assessed and enforced.
What Is the Adultery and Enticement Act 1988?
An overview of the PNG Adultery and Enticement Act 1988: its four Parts, the key definitions, and why Parliament legislated.
Read the answer → No. 190What Is an Act of Adultery Under PNG Law?
Sections 2 and 4(2) of the PNG Adultery and Enticement Act 1988: the definition of an act of adultery, the requirement that it be voluntary, and the single-act rule.
Read the answer → No. 191What Is Enticement Under PNG Law?
Section 3 of the PNG Adultery and Enticement Act 1988: the definition of enticement, the attempt limb, and how enticement differs from adultery.
Read the answer → No. 192Who Can Bring an Action for Adultery?
Sections 4 and 5 of the PNG Adultery and Enticement Act 1988: who may bring an action for adultery or enticement, and against whom.
Read the answer → No. 193Can a Relative Bring an Action for Adultery?
Section 6 of the PNG Adultery and Enticement Act 1988: when a relative may bring an action on behalf of an aggrieved spouse, and the two alternative conditions.
Read the answer → No. 194What Is the Time Limit for an Adultery Action?
Section 7 of the PNG Adultery and Enticement Act 1988: the six-month limitation period, when time begins to run, and the three-month extension.
Read the answer → No. 195Can Adultery and Enticement Actions Be Joined?
Section 8 of the PNG Adultery and Enticement Act 1988: hearing actions together, joining the other party to an act of adultery, and the effect on compensation.
Read the answer → No. 196What Defences Are There to an Adultery Action?
Section 9 of the PNG Adultery and Enticement Act 1988: the statutory defences of consent, forgiveness and reasonable belief, and the mandatory dismissal.
Read the answer → No. 197Is Mediation Required Before an Adultery Action?
Section 10 of the PNG Adultery and Enticement Act 1988: compulsory mediation before hearing, and its role as a precondition to any order for compensation.
Read the answer → No. 198How Much Compensation Can Be Ordered for Adultery?
Sections 11 to 15 of the PNG Adultery and Enticement Act 1988: the compensation caps for adultery and enticement, and apportionment between defendants.
Read the answer → No. 199How Is Compensation for Adultery Assessed and Paid?
Sections 16 to 20 of the PNG Adultery and Enticement Act 1988: assessing compensation, payment in cash or goods, instalments, non-compliance and enforcement.
Read the answer → No. 200What Common Law Rights Did the Adultery Act Abolish?
Sections 21 and 22 of the PNG Adultery and Enticement Act 1988: the abolition of other compensation claims, the saving for pending actions, and the repeals.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. 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.