LAWS

PROTECTING
FAMILY LIFE
Presentation done by Amayah Jagmhan,
Leona Robinson and Kencea Wintz
In this presentation, we will list and explain laws in the Caribbean
protecting the following:
01 INHERITANCE
02 CHILD CARE
03 LEGAL SEPARATION
04 DIVORCE
DOMESTIC
05 VIOLENCE
 INHERITANCE
When someone dies, their money or property must be distributed in accordance with their
wishes. This prevents family members from claiming assets that are not theirs. Without a will,
possessions are divided among family members, with priority given to the deceased person's
partner and children.
For example, if a wealthy individual passes away without a will, their estate may be divided
among their spouse and children, ensuring that the family members receive their rightful
share of the inheritance. This legal process helps prevent disputes and ensures a fair
distribution of assets based on the deceased person's familial relationships.
Anyone who receives an inheritance in this manner is known as a beneficiary. The estate
laws of the Caribbean bear some resemblance to the laws of New York. The High Court must
use the Letters of Administration to designate an administrator for the estate. Following the
appointment of the administrator, the estate will be distributed among the surviving
beneficiaries who have passed away.
LAWS PERTAINING TO
INHERITANCE
• The children receive the remaining 2/3 of the estate if the
deceased left behind children and a widower, with the
widower receiving 1/3.
• The estate passes to the departed children if there is no
widower.
• The deceased's parents will receive the estate if there are
no living children or a widower.
• If there are no surviving parents, the estate will be
distributed among the deceased's siblings.
• In the absence of siblings, the estate will go to the closest
living relatives, such as nieces, nephews, or cousins.
• In the event that no living relatives can be identified, the
estate may be transferred to the state or designated for a
charitable cause as per the deceased's will or local laws.
• The process of estate distribution is typically overseen by
the appointed administrator to ensure fairness and
CHILD CARE

All Caribbean countries have child protection legislation, the majority of which is
based on the United Nations Convention on the Rights of the Child. These laws aim to
ensure the safety, well-being, and proper development of children within the
Caribbean region. They address issues such as child abuse, neglect, exploitation, and
access to education and healthcare.
Additionally, these laws also establish child protective services and agencies
responsible for investigating and responding to reports of child abuse or neglect. The
implementation and enforcement of these laws are crucial to safeguarding the rights
and welfare of children in the Caribbean.
LAWS PERTAINING TO CHILD CARE
 Childcare legislation ensures that children under the age of 18 are protected by their
parents. This is known as the Bastardy Act 1951.
 Child-related laws state that the parent caring for the children receives maintenance
money following divorce. Joint custody is frequently dealt with legally as well.
 Equal rights for children born within and outside of marriage. These laws aim to
ensure that all children, regardless of their parents' marital status, are afforded the
same rights and protections. This includes access to education, healthcare, and other
essential services. Additionally, these laws promote the involvement of both parents
in the upbringing of their children, regardless of whether they were born within or
outside of marriage. By establishing equal rights for all children, regardless of their
parents' circumstances, the Caribbean countries are prioritizing the well-being and
best interests of their youngest citizens.
 It also states that children are to be protected from abuse. The law states that
children are given the same opportunities as others.
LEGAL SEPARATION
Legal separation also known as Judicial Separation is a legal status that allows a
married couple to live apart and make arrangements for issues such as child custody,
spousal support, and property division without officially ending their marriage. It's a
formal process where a court determines the rights and responsibilities of each spouse
while they are separated. Legal separation is different from divorce because the couple
remains legally married, and it may be an option for those who have religious or
personal reasons for not pursuing a divorce. The specific laws and requirements for
legal separation can vary by jurisdiction. Some of these laws may include:
1. Decree of Judicial Separation
 A decree of judicial separation (which shall have the effect of a divorce a mensa et
thoro under the existing law and other legal effect in this Act mentioned), may be
obtained, either by the husband or the wife, on the ground of adultery, or cruelty, or
desertion without cause for two years and upwards.
2. Order for Protection of Wife’s Property
 A wife deserted by her husband may at any time after the desertion, if resident
within Guyana, apply to a magistrate or to the Court, for an order to protect any
money or property she acquires by her own lawful industry, and property of which
she becomes possessed, after the desertion, against her husband or his creditors, or
any person claiming under him.
 Where an order of protection has been made the husband or creditor may apply to
the Court, or to the magistrate for the time being exercising jurisdiction in the district
in which the order has been made, and the Court, whether it has itself made the order
or not, or the magistrate, may discharge the order.
3. Payment of Alimony to Wife or to her Trustee
 Whenever the Court makes any order for alimony, it may direct the alimony to be
paid either to the wife herself or to any trustee on her behalf to be approved by the
Court, and may impose any terms or restrictions to the Court seeming expedient, and
may from time to time appoint a new trustee, if for any reason it appears expedient
to the Court to do so.
4. Property Acquired by Wife after Judicial Separation
 In every case of judicial separation as from the date of the decree and so long as
the separation continues, any property which is acquired by or devolves upon
the wife shall not be affected by any restraint upon anticipation attached to the
enjoyment by the wife of any property under any settlement, agreement for a
settlement, will, or other instrument; and if she dies intestate such property shall
devolve as if her husband had been then dead.
5. Husband’s Liability for Necessaries
 In every case of judicial separation if alimony has been ordered to be paid and
has not been duly paid by the husband, he shall be liable for necessaries supplied
for the use of the wife.
DIVORCE
Divorce is a legal process that officially dissolves a marriage, terminating the legal
and financial responsibilities and obligations between the spouses. In a divorce, a
court issues a judgment or decree that legally ends the marriage, and it typically
addresses various important issues. These issues may include:
 Division of Property: The court determines how marital assets and debts are to be
divided between the spouses. This includes real estate, financial accounts, personal
property, and other assets.
 Spousal Support (Alimony): Depending on the circumstances, the court may order
one spouse to provide financial support to the other, known as alimony or spousal
support.
 Child Custody: If there are children involved, the court decides on child custody
arrangements, which include legal custody (decision-making authority) and
physical custody (where the child lives).
 Child Support: The court may establish child support payments to ensure that the
children's financial needs are met. Child support is typically paid by one parent to
the other.
 Visitation and Parenting Time: In cases of divorce with children, the court also
establishes visitation or parenting time schedules for the noncustodial parent.
 Name Change: The court may allow a spouse to change their last name as part
of the divorce process.
Divorce laws and procedures can vary significantly by jurisdiction, so the specific
requirements and processes involved may differ depending on where the divorce
is filed. Divorce can be initiated by one or both spouses and is typically based on
grounds such as irreconcilable differences, adultery, cruelty, or abandonment,
depending on the legal framework of the jurisdiction.
In Guyana the laws governing Divorce and Legal Separation is known as The
Matrimonial Causes Act.
DOMESTIC VIOLENCE
Domestic violence in Guyana is widespread and crosses racial
and socioeconomic lines. The law prohibits domestic violence, gives women the right
to seek prompt protection, and allows victims to seek protection, occupation,
or tenancy orders from a magistrate. In Guyana the laws governing domestic
violence is known as The Domestic Violence Act 1996 but in CARICOM countries there
is the CARICOM Model Legislation which is similar to the legislation of New Zealand.
The model is prepared on the basis that there is a perceived need for legislation
dealing exclusively with the matter of domestic violence and to provide remedies
which are intended to mitigate the effects of domestic violence.
Some Clauses of the Legislation that protect victims of domestic violence are:
Clause 4 - makes provisions regarding a protection order.
 Subsection (1) sets out the prohibitions which will apply to a respondent on the
granting of a protection order. As the name suggests that order prohibits the type of
actions which could endanger the applicant.
 Subsection (2) sets out the factors which the Court will consider in determining
whether to make a protection order and empowers the Court to attach a power of
arrest to the order if the Court thinks fit.
 Subsection (3) provides for the making of an ex parte (interim) order in cases where
delay might threaten the personal safety of the applicant or cause serious injury or
undue hardship.
 Subsection (4) enables the respondent to apply for an immediate discharge of an ex
parte order.
Ex parte - with respect to or in the interests of one side only or of an interested outside
party.
Clause 5
 Subsection (1) provides that a breach of a protection order constitutes a criminal
offence with penalty on conviction of a fine or imprisonment or both.
 Subsection (2) empowers a constable on reasonable cause, to arrest without
warrant, a person suspected of being in breach of the order.
 Subsection (3) limits the power of arrest to circumstances where the constable
believes that the arrest is reasonably necessary for the protection of the
applicant.
 Subsection (4) provides for the factors which must be taken into account by the
constable in deciding whether to make an arrest. These factors include the
seriousness of the act constituting the alleged breach, the time lapse since it was
committed, the restraining effect of other persons or circumstances on the
respondent and the need for a cooling-off period.
 Subsection (5) makes provisions as to the right of the person arrested to make a
telephone call and to be informed of that right.
REFERENCES
 https://en.wikipedia.org/wiki/Domestic_violence_in_Guyana
 https://drupal.caricom.org/documents/caricom-model-legislation-domestic-violence
 http://jafbase.fr/DocAmeriques/Guyana/LoiDivorce.pdf
 END OF
PRESENTATI
ON