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Making an application within the
Children and Family Courts
The court makes most decisions about children using a law, called the Children Law ( Revision). If you want the court to make a decision about a child you need to apply to the court for an ‘order’. An order will be made when the judge makes a decision.
A. How the court can help you
Some of the orders you may wish to apply for are described below. These are just some of the decisions a court can make under the Children Law (2012 Revision).
Type of Order Description
Contact Order These are orders that require the person with whom a child lives to allow that child to visit, stay or have contact with a person named in the order.
For example, if your child lives with your ex-partner and you wish to see your child at weekends then you might apply for a contact order, if you cannot agree this between yourselves.
Residence Order
These orders decide where and with whom the child is to live.
For example, if you and your partner have separated and you want your child to live with you, but cannot agree this, then you might apply for a residence order.
Specific Issue Order
These orders give instructions about a specific issue that has arisen about an action normally undertaken by a parent.
For example, if you and your ex-partner cannot agree where your child should go to school.
Prohibited Steps Order
These orders mean a person must have the court’s permission before undertaking actions specified in the order that would normally be undertaken by a parent.
For example, to require a parent to seek the court’s permission before taking the child to a foreign country.
Grand Court and Summary Court
of the Cayman Islands
CB
Parental Responsibility Order
Parental Responsibility means all the rights, duties, powers, responsibility and authority, which by law a parent of a child has in relation to the child and his property.
For example, if you are the father of a child but you were not married to the child’s mother, nor named on the birth certificate when the child’s birth was registered, but you wish to be recognized legally as the child’s father, then you may apply for a Parental Responsibility Order.
Financial Provision
Child maintenance is regular, reliable financial support that helps towards a child’s everyday living costs.
Child maintenance can make a real difference to children’s lives and can help pay for things like clothing, food and other essentials.
Many parents choose to work together to set up a child maintenance arrangement. These family-based arrangements can include other things and do not have to be just about paying money. Where this is not possible there are other options.
Appointment of a Guardian
A guardian appointed under this section will generally take over parental responsibility for the child after the death of a parent.
For example, if your niece/nephew has lost both their parents you might apply to be a guardian.
Order related to enforcement of a contact order
If you were involved in proceedings where a contact order was made, and the contact order is not being complied with, then you might be able to apply to the court to have that order enforced.
B. What a court might decide
A court will only make an order if it thinks that would be best for the child. Sometimes a court may decide that it would be best not to make any order.
A court might:
- make an order
- change an order (called ‘varying’ the order)
- end an order (called ‘discharging’ the order).
If the court makes an order it will be based on what is best for your child. This might mean that you, or the other person will not get exactly what you have asked for.
Once a case has started a court may make other decisions. These include:
- giving instructions that people must follow (these are called ‘directions’)
- transferring a case to another court.
About the ‘parties’ in a case
The parties to a case are those involved in the court proceedings and may include:
- Everyone who has the right to apply for an order (see Section D)
- People with parental responsibility (see Section E)
- Anyone who the court has made a ‘party’ to the case.
If someone else has applied for an order you may not be a ‘party’ to that case, but you may apply ‘to be joined as a party’ to it. Section F will tell you which form to use.
D. The orders you can apply for
For all other applications, read the paragraph below that applies to you, to find out what orders you can apply for. The first sentence will tell you who the section applies to, for example, if you are the child’s mother you need to read paragraph 1.
An application to have an existing order changed is called an application to vary the order.
An application to have an existing order brought to an end is called an application to discharge the order.
1. Mother
If you are the child’s mother you may apply for the following orders:
- Contact Order (including to vary or discharge an existing order)
- Residence Order (including to vary or discharge an existing order)
- Specific Issue Order (including to vary or discharge an existing order)
- Prohibited Steps Order (including to vary or discharge an existing order)
- Financial Provision (including to vary or discharge an existing order)
- Discharge of a parental responsibility order 2. Father
If you are the child’s father you may apply for the following orders:
- Contact Order (including to vary or discharge an existing order)
- Residence Order (including to vary or discharge an existing order)
- Specific Issue Order (including to vary or discharge an existing order)
- Prohibited Steps Order (including to vary or discharge an existing order)
- Financial Provision (including to vary or discharge an existing order)
In addition, if you are the child’s father and you have parental responsibility you may apply for:
- Discharge of the appointment of a guardian
- Discharge of a parental responsibility order or agreement
If you are the child’s father and you do not have parental responsibility you may apply for:
- Appointment of yourself as a guardian if the child has no parent with parental responsibility
- Parental Responsibility Order 3. Step-parent
A step-parent is not the child’s parent but is married to a parent of the child who has parental responsibility for that child and you have treated the child as a child of the family. If you are the child’s step-parent and you have parental responsibility you may also apply for:
- Specific Issue Order (including to vary or discharge an existing order)
- Prohibited Steps Order (including to vary or discharge an existing order)
- Discharge of a parental responsibility order, if it is your parental responsibility you wish to discharge
- Discharge of a parental responsibility order for an unmarried father
- Discharge of the appointment of a guardian
If you are the child’s step-parent and do not have parental responsibility you may also apply for:
- Appointment of yourself as a guardian if the child has no parent with parental responsibility
- Parental Responsibility Order 4. Grandparent
If you are the child’s grandparent you may apply for the following order:
- Appointment of a guardian 5. Guardian
If you have been appointed as the child’s guardian you may apply for the following orders:
- Contact Order (including to vary or discharge an existing order)
- Residence Order (including to vary or discharge an existing order)
- Specific Issue Order (including to vary or discharge an existing order)
- Prohibited Steps Order (including to vary or discharge an existing order)
- Financial Provision (including to vary or discharge an existing order) 6. People with a residence order
If you have a residence order that is in force you may apply for the following orders:
- Contact Order (including to vary or discharge an existing order)
- Residence Order (including to vary or discharge an existing order)
- Specific Issue Order (including to vary or discharge an existing order)
E. About parental responsibility
What is ‘parental responsibility’?
If you have ‘parental responsibility’ you have all the duties, rights and authority, which, by law, a mother or father has for their child. This is described in full in the Children Law (2012 Revision).
A child’s mother always has parental responsibility for the child; however, sometimes a child’s father or other parent does not have parental responsibility.
You have parental responsibility, if you have been registered as the child’s parent under the Births and Deaths Registration Law (2007 Revision).
The list below will help you decide if you have parental responsibility.
You have parental responsibility if:
- you are the child’s mother
- you are the child’s father and you were married to the child’s mother when the child was born
- you are the child’s father and you were not married to the child’s mother when the child was born but:
- you now have a Parental Responsibility Order OR
- you have made a Parental Responsibility Agreement with the child’s mother OR
- you have since married the child’s mother OR
- you have been registered as the child’s father under the Births and Deaths Registration Law (2007 Revision)
- you are the child’s step-parent (married to a parent with parental responsibility) and you have made a Parental Responsibility Agreement with the child’s mother (and father if he also has parental responsibility) or you have a Parental Responsibility Order
- you hold a residence order for the child
- you hold an emergency protection order for the child
- you are a guardian of the child
- you have adopted the child
- you are the child’s Special Guardian
If none of the above applies but you and/or the child have links to a country outside the Cayman Islands you may have parental responsibility rights in that country. You should contact the authorities for the relevant country to find out if this affects you.
What is a Parental Responsibility Agreement?
A Parental Responsibility Agreement is a legal document in which a child’s mother and father agree that the father has parental responsibility for the child or in which a child’s mother and father (if he already has parental responsibility) agree that the child’s step-parent has parental responsibility for the child. (A step-parent is someone who is not a parent but is married to one of the parents with parental responsibility).
A Parental Responsibility Agreement must be made for a father on Form 1 located in the Schedule to the Parental Responsibility Agreement Regulations 2012 and Form 2 for a step- parent. Each of these forms comes with notes that will tell you more about how to make a Parental Responsibility Agreement. You can obtain these forms from the court office or they can be downloaded from www.judicial.ky.
F. The forms you need
The table below shows which forms you must use to make your application.
Application type Form
Residence Order C
Contact Order C
Prohibited Steps Order C
Specific Issue Order C
Appointment of a Guardian C
Discharge of a Guardian C
Parental Responsibility Order C
Step-parental Responsibility Order C
Discharge of a Parental/Step-Parental Responsibility Order C
For an order in existing proceedings C
Permission to apply for a court order C
All forms can be obtained from the court office or can be found on our website at www.judicial.ky.
G. About respondents and other people to be notified
Later you will have to tell people that you have made an application, these people are the respondents and the other people to be notified. These might include the child’s parents, or someone who is looking after the child. The next sections, H and I, will help you identify who are the respondents and other people to be notified about your application.
- You will have to provide respondents with a copy of your application form and they will be provided with an opportunity to submit their own form in response to your application.
- You have to tell the other people to be notified that you have applied for a court order, but you do not have to provide them with a copy of your application form.
If you are applying for more than one order you may have different respondents, or other people to be notified, for each order.
If a respondent is under 18 years of age and does not have an attorney-at-law you need the court’s permission to tell them about your application.
- Everyone you believe has parental responsibility for the child
- The parties in the application for financial provision
If you apply for the discharge of a guardian the respondents are:
- Everyone you believe has parental responsibility for the child
- If a guardian was appointed by a court order, the parties in the application for the appointment of the guardian
If you apply to vary or for the discharge of a Parental Responsibility Order the respondents are:
- Everyone you believe has parental responsibility for the child
- The parties in the application for the Parental Responsibility Order
I. Who are the other people to be notified?
If you apply for a:
- Contact Order
- Residence Order
- Specific Issue Order
- Prohibited Steps Order
or to vary or discharge any of these the other people to be notified are:
- If the child is in Department of Children and Family Services accommodation (this might be a children’s home or with foster carers who could be related), the Department of Children and Family Services
- Everyone who is caring for the child
- The person who provides the home in which the child is staying if the home is a registered children’s home or a voluntary home, and it is a refuge
- Everyone who you believe is named in a court order which concerns the child and is in force, unless you believe that order is not relevant to your application
- Every person you believe to be a party in court proceeding which are taking place now, unless you believe those proceedings are not relevant to your application.
If you apply for a Parental Responsibility Order the other people to be notified are:
- If the child is in a Department of Children and Family Services accommodation, the Department of Children and Family Services
- If the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge, the person who provides the home
- Everyone who is caring for the child.
If you are applying for the appointment of a guardian the other people to be notified are:
- The Department of Children and Family Services if the child is in Department of Children and Family Services accommodation
- If the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge, the person who provides the home
- Everyone who is caring for the child
- The child’s father if he does not have parental responsibility for the child.
Parental responsibility is explained in Section E of this booklet.
If you apply for Financial Provision the other people to be notified are:
- The Department of Children and Family Services if the child is in a Department of Children and Family Services accommodation
- If the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge, the person who provides the home
- Everyone who is caring for the child.
If you apply to vary or discharge an order for Financial Provision the other people to be notified are:
- The Department of Children and Family Services if the child is in a Department of Children and Family Services accommodation
- If the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge, the person who provides the home
- Everyone who is caring for the child.
If you apply to vary or for the discharge of a guardian the other people to be notified are:
- The Department of Children and Family Services if the child is in a Department of Children and Family Services accommodation
- Everyone who is caring for the child
- The person who provides the home in which the child is staying if the home is a registered children’s home or a voluntary home, and it is a refuge.
If you apply to vary or for the discharge of a Parental Responsibility Order the other people to be notified are:
- The Department of Children and Family Services if the child is in Department of Children and Family Services accommodation
- Everyone who is caring for the child
- If the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge, the person who provides the home.
J. Why do we need the information requested?
Completing Form C
It is very important that you complete Form C1 carefully. You must provide full details about yourself, the respondent(s) and the children in parts 1-6 or your case will be delayed while the information is requested. Both applicants (if there is more than one) are required to sign the application form.
Copies of court orders
Some parts of the forms ask you to provide copies of court orders. You can get a copy of an order from the court which made it. Ask the court office for a certified copy. You may have to pay a fee.
Rules about written evidence
If you want a report made on the child:
- You must have the court’s permission before you ask someone to assess or examine a child so a report can be made.
If you apply for a contact order, residence order, specific issue order, and prohibited steps order:
- You must fill in the form and give only the information it asks for.
You must have the court’s permission if you want:
- to refer the court to written information; or
- give information which a form does not ask for.
If you apply for an order which is not a contact, residence, specific issue or prohibited steps order:
- You may refer to written evidence on your forms but you must provide the court office with copies of the evidence.
L. About fees and costs
You may have to pay a court fee to apply for an order.
If you have to ask the court for permission to apply for an order you will have to pay a fee. This fee is not refundable. If the court gives you permission you will not have to pay another fee when applying for the order.
There may be other costs but that depends on your case and what you decide to do. For instance, you may have to pay expenses to a witness who goes to court to give evidence for you.
For more information about fees, you may contact the court office or from our website at www.judicial.ky.
Methods of payment
The court office accepts payment by cash, banker’s draft or cheques, which should be made payable to the ‘Cayman Islands Government’. If you pay by cheque and it is dishonoured, steps will be taken to recover the money in accordance with the Cayman Islands Government Regulations. Non-payment may result in your case being stopped until payment is made (called ‘stayed’) or even dismissed (‘struck out’).
M. Where to make your application
You should make your application at the court office.
N. Attending court – special arrangements
If you need special assistance or facilities for a disability or impairment please set out your requirements in full on your application form.
The court staff will need to know your specific requirement; for example, documents in alternative formats such as large print, access provision, a hearing loop or a sign language interpreter. The court staff will get in touch with you about this. If you do not make the court aware of all your needs, this may result in the hearing being put off to another day (‘adjourned’).
If you require a foreign language interpreter you should also contact the court immediately so that one can be arranged.
Security
If for any reason you are worried about security at court please let the court staff know as soon as possible. They will consider your needs and how they can help you.
O. What to do next
Check the form
Check that you have said everything you want to say. When you have given the forms to the court office you will need the court’s permission if you want to change anything on the forms.
Copy the forms
Make a copy of each form for yourself and for each respondent whose name you have provided on your application. Make the same number of copies of any other papers which you will give to the court with your forms.
These papers may include:
- a court order
- bank statements and accounts, if you fill in Form C
- written evidence which you want to use to support your application
Your total papers submitted to the court must have:
- the original
- A copy for you
- A copy for each respondent
Make sure any additional sheet you may have used includes the child(ren)’s name and case number.
Q. Telling the respondents and other people about your
application (called ‘serving’)
After the court office has issued your application and provided you with the documents listed in the previous section, you must then tell the ‘respondents’ and ‘other people to be notified’ about your application. This is called ‘service’. You must by law serve all these people unless the court has told you not to.
The court office can assist with service on the respondents and other people to be notified by arranging for a bailiff to effect service upon them for a minimal charge. Further information can be obtained from the court office to arrange for service of documents.
R. Getting help
You may ask a court official for information but, save for giving general guidance with the selection, completion and filing of the appropriate forms, court staff are not allowed to advise you what to do in your case.
Getting advice in your case
You can get advice from:
- an attorney – there are attorneys who specialise in Children Law work and you can obtain the name and address of an attorney from:
- the Yellow pages in the Cayman Islands Services Directory or www.caymanyp.com.
- the list of Attorneys practising in the Cayman Islands on our website at www.judicial.ky.
- Legal Befrienders - a programme that enables qualified attorneys to assist the Cayman Islands community by giving free and confidential legal advice. Walk-in clinic is held every Tuesdays from 5:00pm to 6:30pm and phone-line service is available Fridays from 2:00pm to 5:00pm on 945-8869. You may contact the Family Resource Centre at 949- 0006 or email frc@gov.ky for more information.
You may have asked an attorney for some advice; however, the attorney is only ‘acting’ for you if you have appointed them to do so.
You may apply on your own
If you decide to apply on your own, you may want to get legal advice about the order you want the court to make. A court order may affect your life, or the child’s life, in ways you may not have thought about.
Parties under the age of 18
If any of the parties (e.g. the parents of the child) involved in the case are under 18, an adult must handle the court proceedings on their behalf in addition to any legal representation. This adult is called a litigation friend. A litigation friend must have the ability to conduct proceedings on behalf of the party aged under 18 and must not have any interests in the case that do not agree with the child’s interests. Any steps and decisions taken by the litigation friend in the
proceedings must be made for the benefit of the child. A person can become a litigation friend as a result of the court making an order appointing them, or by completing a certificate of suitability and filing it at the court.
Assistance from a layperson (sometimes referred to as a McKenzie Friend)
If you decide to apply on your own without legal representation, you may be able to have a layperson or friend help you, sometimes called a McKenzie Friend. That person might:
- Provide moral support
- Take notes
- Help with case papers
- Quietly give advice on:
- points of law or procedure
- issues that you wish to raise in court
- questions you may wish to ask witnesses
A McKenzie Friend has no right to act on behalf of you, address the court, examine witnesses, nor sign the court documents.
You should inform the court at the outset of a hearing if you wish to have a layperson or McKenzie Friend present.
Applying for Legal Aid
You may be able to get assistance from the Legal Aid Department. An attorney will be able to tell you whether you may be eligible for Legal Aid or you can make an appointment with the Legal Aid Officer at the court office.
