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Maintenance & Affiliation Section.

- Correction, Enforcement & Maintenance Division. -


 

Objective:

To administer and monitor maintenance for destitute persons, to prosecute affiliation matters and to undertake consultation and promotion of social harmony.


Mandates

  • Maintenance and Affiliation Act 1987
  • Maintenance and Affiliation Amendment Act 2010
  • Alternative Dispute Resolution Act 2007
  • Immigration Act 1967
  • Family Safety Act 2013
  • Criminal Procedure Act 1960
  • Divorce and Matrimonial Act 1967
  • Divorce and Matrimonial Amendment Act 2010

Types of applications that can be lodged;

  • Application for Affiliation, Maintenance and Custody of children
  • Application for Maintenance & Custody of children
  • Application for Maintenance of children and married wife
  • Application for interim custody order of child 8 months and under taken away from mother without consent
  • Application for children’s/child’s Custody only
  • Application for Maintenance of married wife who is destitute
  • Application for Protection Order
  • Application for Divorce where both parties agree

Types of applications that can be lodged;

  • Provide ID for confirmation of identity
  • Marriage certificate if married
  • Birth certificates of the child/children

Process for all types of application:

  • 1. Applicant must lodge application (Application for Protection Order can be represented)
  • 2. Applicant fill in application form with the assistance of the Maintenance officer
  • 3. Officer to prepare letter to inform respondent about the date, time and venue for consultation/pre-court mediation
  • 4. Officer to conduct consultation meeting/pre-court mediation;
    a. Mutual agreement reach outside of court
    b. Matter resolved parties request to withdraw matter
    c. No agreement, proceed to court.
  • 5. Officer to prepare matter for court
  • 6. Officer to monitor and enforce court order

Who can apply?

  • Destitute persons result of dissolution of marriage
    o wives (married/defacto)
    o husbands
  • Fathers requesting for access to the children who are in custody of the mother
  • Anyone who feels he/she needs protection

Services provided

  • i) Schedule mediation (pre-court mediation / consultation meetings)
    o Resolve matters
    o Ensure the children/wives are being provided for
    o Clarity on the duties and responsibilities of parents under the Act
  • ii) Proceed cases to Court
    o Maintenance will represent the Applicant in Court
  • iii) Enforce Court orders
    o Update payments of maintenance according to court orders
    o Conduct visitations to ensure the wellbeing of the children
    o Non compliance of court orders is considered a criminal offence (Contempt of court)

About MJCA

Ministry of Justice, Courts and Administration

Mulinuu, Samoa

P.O. Box 49

info@mjca.gov.ws

Upolu Numbers:

  • phone : (685) 22671 - 74
  • Fax : (685) 21050

Savaii Numbers:

  • Phone : (685) 53514
  • Fax : (685) 53513
Please address all correspondences to the Chief Executive Officer / Registrar of the Courts.


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