Dear Mirror Lawyer, I had a son about 12 years ago with an accountant who has refused to take responsibility for him since birth. I have raised my son alone, from pregnancy to the age of 12.
My woes worsened when scammers convinced me to invest in a scheme that promised high returns and subsequently took all my money.
All efforts to get my son’s father to help have fallen on deaf ears. Please, Lawyer, advise me on the steps to take to ensure he takes care of his child.
Comfort Odoom,
Nkawkaw, Kwahu.
Dear Comfort, this case falls under the Children’s Act, 1998 (Act 560), as amended. The Act states that a child's welfare is paramount in any matter involving children in this country.
Under section 6 of the Children’s Act, a child has the right to life, dignity, respect, leisure, liberty, health, education, shelter, and general welfare from the parents.
A child is also entitled to be protected from neglect, discrimination, violence, abuse, exposure to physical and moral hazards, and oppression.
Finally, a parent is entitled to provide good guidance, care, assistance and maintenance for the child and assurance of the child’s survival and development.
Again, under section 8, the child's well-being entitles the child to the right to access education, immunisation, adequate diet, clothing, shelter, medical attention, or anything else required for the child’s development.
Thus, parents legally liable to maintain their children must provide the necessities of life, health, basic education, and reasonable shelter.
In default, a parent with custody of a child may apply to a family tribunal established under section 33 for a maintenance order.
Under section 15, the defaulting parent may also be liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding one year or to both the fine and the imprisonment.
Sections 35 and 51 vest the Family Tribunal with the power to award maintenance to the mother of a child, whether married to the father or not, where the father has been identified.
The maintenance shall include the medical expenses for the duration of her pregnancy, delivery or death of the child, a periodic allowance for the maintenance of the mother during her period of pregnancy, a further period of nine months after the delivery of the child, and the payment of a reasonable sum of money to be determined by the Family Tribunal for the continued education of the mother if she is a child herself.
A family tribunal may also order periodic payments, lump-sum payments, or any arrears due for the maintenance of a child. It can attach the salaries, earnings or property of the person ordered to pay the maintenance.
A person who fails to supply the necessities of health, life, education, and reasonable shelter for a child when legally liable to do so commits an offence and is liable on summary conviction to a fine not exceeding 100 penalty units or to a term of imprisonment not exceeding six months or both.
When determining how much the culprit must pay, the court considers several factors specified in section 49. First, the court assesses the income and wealth of both parents.
Thus, if both parents have good financial capacity, the court will order both parents to maintain the child.
However, where there is only one wealthy parent, the Court will likely order only that parent to maintain the child.
A second factor the Court will consider is whether any parent has impaired earning capacity. Where one of the parents is either disabled or has certain factors that hinder his or her ability to make an income, the Court is not likely to order such a parent to maintain the child.
The financial responsibility of each parent with respect to the maintenance of other children is another key factor the Court considers. Where one of the parents has the responsibility of maintaining other children and the other does not, the Court is likely to order the parent without further responsibility to maintain the child for whose reason they are in court.
Again, the Court will consider the cost of living in the area where the child is resident in determining how much the parent against whom the order is made should pay.
Lastly, the Court will, among other things, consider the child's rights under the Children’s Act. Children have several rights under the Children’s Act stated above.
In your situation, you will most likely ask the Family Tribunal to order your son’s father to refund all expenses incurred during pregnancy and after the child's birth, and to pay you monthly maintenance in arrears up to the date the child turns 18.
