Form 12 Application for name change with consent of father named on bc where reputed father died

FORM 12: APPLICATION

KAMINI PERSAUD-MARAJ

IN THE HIGH COURT OF JUSTICE

(Family Court Division)

Claim No.  FH

IN THE MATTER OF THE STATUS OF CHILDREN ACT NO. 17 OF 1981

AND

IN THE MATTER OF A CHANGE OF NAME FOR MINORS PURSUANT TO THE FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE ACT CHAPTER 46:08)

 

AND

 

IN THE MATTER OF AN APPLICATION FOR A DECLARATION OF PATERNITY ORDER PURSUANT TO SECTION 10 OF THE STATUS OF CHILDREN ACT FOR ****************** BY ******************

 

AND

 

****************** (as the Guardian and Next Friend of WIDMARK BADREE AND ******************)

Applicant

and

****************** Respondent

**********************************

NOTICE OF APPLICATION

 

The Applicant applies to the court for an order that: –

 

1. A declaration of paternity under Section 10(1) of the Status of the Children Act No. 11 of 1981 (hereinafter called “the Act”) that ****************** who died on the 15^th May, 2008 is the father of ****************** born on the 16^th March, 2001.

 

2. An Order that the Registrar of the Supreme Court be directed to forward an office copy of the Order made herein to the Registrar General who is directed to file the same in accordance with Section 9(5) of the said Status of the Children Act No. 18 of 1981 in his records;

 

3. An order directing that the Registrar General do amend Entries No. 2060 and No. 2061 of the Register of Births from the year 2001 by replacing ****************** with ****************** as being the father of the said minor children known as ****************** both born on 16^th March, 2001 in the relevant and respective columns of the said entries in place of and instead of ******************.

 

4. Such further or other relief that the Court deems fit.

 

5. That there be no order as to costs.

 

 

A draft of the order that I seek is attached.

 

 

The grounds of the application are –

 

1. The Respondent and the Applicant siesed all martial and sexual relations since in or about December, 1999 when they separated.

 

2. The Applicant got acquainted with one ****************** (deceased) since in or around 1999 and later became pregnant with twin boys born on the 16^th March, 2001, while still being legally married to ******************.

 

3. During the course of his lifetime, the said ****************** (deceased) accepted paternity, that he is the father of the minor children registered in Register of Births as ****************** born on 16^th March, 2001.

 

4. The minor children registered in Register of Births ****************** born on 16^th March, 2001 have been thought and carries and/or refers to themselves in their name as ****************** and accepts same as their name.

 

5. The Respondent acknowledges that the said ****************** are the children of ****************** and consents to a name change.

 

6. The Applicant now seeks passports for the said minor children in their true names of “******************” and “******************” for travel in August 2017 but require an order for a change to the record of Births to effect this change.

 

7. It is in the best interest of the children the surname be changed from ****************** e to ******************

 

 

I hereby certify that the facts stated above are true to the best of my knowledge, information and belief.

 

 

[An affidavit in support accompanies this application]

 

 

 

Signed

Respondent                                                               Dated

 

 

 

 

Signed

Attorney for Respondent                                         Dated

 

 

 

NOTICE:

This application will be heard by the Honourable Madam Justice Paul in Chambers on MONDAY 30^th day of OCTOBER, 2017, at 10:30 am at  Room 3 of the Family Court, Nipdec House, Cipriani Boulevard,  Port of Spain.

If you do not attend this hearing an order may be made in your absence.

 

NB       This notice of application must be served as quickly as possible on the respondent to the application.

 

The Court Office is at Family Court, NIPDEC House, Cipriani Boulevard, Port of Spain, telephone number 627-6297, FAX number 624-0557.  The office is open between 8.00 am and 4.00 p.m. every days except Public Holidays and such other days as the Court Office is closed.