VPRS 18580 Maintenance Orders

Full description

This series comprises Maintenance Orders forwarded to the Government Statist for filing. Maintenance Orders are records of Magistrates' Court decisions regarding the payment of maintenance for children.

Section 10 of the Maintenance Act 1965 (No.7289) provides that where the court, upon complaint made on behalf of a child, was satisfied that the defendant was the child's father and was neglecting to provide adequate means of support for the child, the court could order the defendant to pay an amount towards the child's maintenance. Section 12 similarly related to orders being issued, but in relation to unborn children, to provide for maintenance of the unborn child and to contribute towards preliminary costs such as medical expenses. The effect of the court orders was that the court determined that the defendant was the father of the child.

Section 9(3) of the Status of Children Act 1974 required the clerk of the court, when the order was issued, to forward a copy of the order to the Government Statist for filing. This function was assigned to the Registrar of Births, Deaths and Marriages with the proclamation of the Registration of Births Deaths and Marriages (Amendment) Act 1985. The order was prima facie evidence that the person named in the order was the father of the child.

The information recorded includes:

• court name
• name of complainant and defendant
• date
• cause of complaint including name and date of birth of any children covered by the complaint
• courts decision on amount payable per week and when payments are to commence and what day they are to be paid
• if the defendant had to pay costs to the complainant; date, place and by whom decision made.

Also included are instruments of paternity and applications for paternity or custody, which are dated and contain names of child and parents.