Subdiv 2Orders etc in affiliation cases

Subdivision 2—Orders etc in affiliation cases 102—Court may adjudge defendant to be father of child in affiliation cases Upon the hearing of an affiliation case, the court may, if satisfied upon the evidence that the defendant is the father of the child, adjudge him to be the father of the child. 103—Warrant may issue in lieu of summons Upon complaint made in an affiliation case, a justice may, instead of issuing a summons issue a warrant for the apprehension of any person against whom a complaint has been made under this subdivision, and for his detention until the hearing of the complaint unless that person enters into a bond, with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint. 104—Order for payment of preliminary expenses (1) Where the Magistrates Court, upon complaint made by or on behalf of a woman, is satisfied— (a) that she is pregnant by the defendant (not being her spouse) or has been delivered of a child or a stillborn child of whom the defendant (not being her spouse) is the father; and (b) that he has not made adequate provision for the payment of the preliminary expenses in respect of the confinement, the court may order the defendant to pay to the Chief Executive such amount as it thinks reasonable for or towards those preliminary expenses. (2) A complaint under this section may be made at any time during the pregnancy of the woman, or within two years after the birth of the child, but the court must not make an order under this section before the birth of the child unless it is satisfied by the evidence, or by the certificate, of a legally qualified medical practitioner that the woman is pregnant. (3) The court must not receive in evidence the certificate of a legally qualified medical practitioner unless the defendant consents to the admission of that certificate. (4) The adoption of a child does not prevent the court from making an order for preliminary expenses under this section nor does it affect the validity or operation of any order for preliminary expenses in respect of the child. 105—Where order made during pregnancy (1) Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of the woman, the order must— (a) specify a date on which the order will cease to have effect if the woman has not then been delivered of a child; and (b) direct that all money payable for preliminary expenses must be paid to the Chief Executive. (2) Where— (a) the woman is not delivered of a child before the date specified in the order; or (b) the woman is delivered of a stillborn child before the date so specified, and there is no other surviving child born to the woman during the same confinement, the order ceases to have effect on the date specified in the order, or at the end of the third month after the delivery of the stillborn child, as the case may require. (3) Where an order ceases to have effect on a date specified in it pursuant to the provisions of subsection (1), any money paid under the order and not disbursed must be repaid to the defendant. (4) Where an order ceases to have effect at the end of the third month after the delivery of a stillborn child any money paid under the order and not disbursed must, as directed by the court— (a) be paid to the woman; or (b) be repaid to the defendant; or (c) be divided between the woman and the defendant in such proportions as the court thinks fit. (5) Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of a woman, the court may, at any time while the order is in force, give such directions in writing as it thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or a stillborn child, of amounts that exceed in aggregate one-half of the amount to be paid under the order. 106—Order may be made, without complaint, in proceedings against father Notwithstanding any other provision of this Act, an order for preliminary expenses may be made by the Magistrates Court, without a separate complaint having been made, in any proceedings against the father for the maintenance of the child and the order may be made separately, or may be included in any other order against the father. 107—Power of court to make order for future maintenance of child upon complaint for preliminary expenses (1) Where an order for payment of, or contribution towards, preliminary expenses is made before the birth of the child to which it relates and it appears desirable to the court to provide the child with adequate means of support, the court may order the father to pay such amount as it thinks reasonable for or towards the maintenance of the child from the expiration of three months after its birth. (2) An order made under subsection (1) is not enforceable under this Act and has no force or effect unless a certified copy of the registration of the birth of the child is produced to the court. (3) An order made under subsection (1) does not take effect if the child to whom it relates is stillborn, or dies, or is adopted before the order would otherwise take effect. (4) An order under subsection (1) must not be made requiring a person to make payments for or towards the maintenance of a child unless— (a) the person has consented to the making of the order; or (b) the person has been given notice of the complainant's intention to apply for the order. (5) Where a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) is produced to the court, a Registrar must send by post to the defendant at his usual or last-known place of residence or business notice in writing of the name of the child (if shown in the certified copy of the registration of the birth of the child) and of the date and place of birth of the child and the date on which and the place at which the first payment under the order is required to be made. 108—Compellability of defendant as witness in affiliation cases (1) On the hearing of any affiliation case, the defendant is compellable to give evidence, and may be summoned as a witness for that purpose. (2) The defendant is not excused from giving evidence relevant to the matter of the complaint on the ground that the evidence might prove or tend to prove him guilty of the matter alleged against him. 109—Liability for contribution toward preliminary expenses and maintenance (1) If on the hearing of any complaint in respect of any affiliation case it is proved to the satisfaction of the court that the defendant, or any other male person over the age, or apparently over the age, of 18 years had sexual intercourse with the mother of the child at any time so that, in the opinion of the court, the defendant or other male person may possibly be the father of the child, the court may, upon the hearing (and, in the case of a male person other than the defendant, without the necessity of any complaint against that person) make an order against the defendant or other male person for contribution towards the preliminary expenses in respect of the mother's confinement and also, if the court thinks fit, towards the maintenance of the child. (2) No order may be made under subsection (1) unless the male person has been given the opportunity of being heard by the court in respect of the making of the order. (3) An order or orders may be made under subsection (1) against any number of male persons as provided in that subsection. (4) An order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child. (5) In every case where a complaint is made to the court for the making of an order under this section and the complaint is dismissed by the court, a memorandum of dismissal must then be made by the court. (6) The court will not make an order under this section if it is satisfied that at the time of the conception of the child, the mother was a common prostitute. 110—Power to lay complaint for support of child born outside marriage against one or more persons (1) A complaint may be made under this Act by the Minister against one or more male persons over the age of 18 years at the time of the making of the complaint alleging that the male person or persons have had sexual intercourse with the mother of a child born outside marriage at a time or times such that the male person or any one of the male persons may possibly be the father of the child. (2) Upon complaint under this section, any justice may summon the male person or persons or any of them to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why he or they should not contribute towards or pay for the past or future maintenance of the child and the preliminary expenses in respect of the confinement of the mother. (3) A justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section and for his detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint. (4) At the hearing of the complaint, if the court is satisfied that any one or more of the male persons had sexual intercourse with the mother of the child at a time such that he or any of them may possibly be the father of the child, the court may make an order against him or them for contribution towards the maintenance of the child and also, if the court thinks fit, towards the preliminary expenses in respect of the confinement of the mother. (5) An order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child. (6) In any proceedings under this section, an allegation in the complaint that any specified person was at the time of the making of the complaint over the age of 18 years will be taken to be proved in the absence of proof to the contrary. 111—Power of Chief Executive to accept settlement in full (1) Where a person is liable or, without a complaint being made against him under this Act, admits liability to pay for or contribute towards the preliminary expenses in respect of the confinement of the mother of a child born outside marriage or the maintenance of the child, the Chief Executive may, with the approval of the Minister, accept from that person a sum of money in full settlement of all such liability. (2) On payment of that sum no proceedings may be commenced or proceeded with by or on behalf of the mother or any other person in respect of the liability or expenses. (3) Where the Chief Executive accepts a sum of money in settlement of liability under this section, that sum will be retained by the Chief Executive and applied at his or her discretion for the maintenance of the child or for the preliminary expenses in respect of the confinement, or both. 112—Provision for blood tests (2) In this section— blood test means a test for the purpose of ascertaining the inheritable characteristics of blood. (3) The Magistrates Court may, at the request of the complainant or the defendant in an affiliation case, direct that the child in respect of whom the complaint was made, the mother of the child (if the mother is alive) and the defendant submit to blood tests. (4) A direction must not be given unless the child is at least six months old. (5) In any such direction, the court must nominate a medical practitioner or an analyst to take such blood samples as may be necessary for the purpose of the blood tests, and to make the tests, and must also fix a period within which the child, the mother and the defendant, or the child and the defendant, as the case may be, are to attend upon the medical practitioner or analyst so nominated to enable the samples to be taken. (6) Any period so fixed may be extended by the court from time to time as the court thinks fit. (7) The medical practitioner or analyst so nominated must be a person whose name is on a panel of names prepared by the Minister and published in the Gazette. (8) Subject to subsection (10), the fees of the medical practitioner or the analyst nominated in the direction and the costs and expenses in connection with the blood tests will, in the first instance, be paid by the Minister. (9) Where a direction has been given by the court pursuant to this section— (a) the proceedings in connection with the affiliation case must be stayed until the expiration of the period or extended period fixed under subsection (5) or (6); and (b) if the mother and child referred to in the direction do not, or either of them does not, or, where the mother is dead, the child referred to in the direction does not within that period or extended period, attend upon the medical practitioner or analyst nominated in the direction and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint, if made by or on behalf of the mother, must be dismissed, but otherwise must be set down for hearing; and (c) if the defendant does not within that period or extended period attend upon the medical practitioner or analyst so nominated and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint must be set down for hearing. (9a) Where a direction has been given by the court pursuant to this section and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under subsection (5) or (6) upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests, the court may draw such inferences from that refusal or failure as it thinks fit. (10) If, at the hearing, the court is satisfied that the facts alleged against the defendant are proved, the defendant must reimburse the Minister to the extent of all money paid by the Minister under subsection (8) in connection with the blood tests referred to in the direction, including the amount of the fees so paid to the medical practitioner or the analyst, and that amount may be recovered by the Minister by complaint to the Magistrates Court as a debt due to the Minister by the defendant. (11) The medical practitioner or analyst nominated in the direction must, within such period as may be prescribed, carry out the blood tests and embody the results of the tests in a certificate in the prescribed form signed by the practitioner or analyst. (12) The medical practitioner or analyst must forward the certificate to the court and a Registrar of the court must, within seven days of the receipt of the certificate, furnish a copy of it to the complainant and to the defendant. (13) The certificate is admissible as evidence in any proceedings under this Part and is evidence of the facts and conclusions stated in it, but the court must on the application of the complainant or the defendant, or may on its own initiative, order the medical practitioner or the analyst to attend as a witness in the proceedings to be examined on such issues relating to the blood test and in such manner as the court thinks necessary and proper in the interests of justice.