29 May

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FILING FOR CHILD CUSTODY

Custody is a matter that arises mainly after a divorce or separation since most times there are children involved. For the court, the welfare of the child is the most important consideration as it involves placing the child under the care and control of an individual. Custody is not limited to children within a marriage but also to parents in common-law relationships and extends to parents who are not in a relationship. What is custody Custody is defined in the Family Law Act, Chap. 46:08 (the Act) as the right to possession and care of a minor. Legal custody means,...

29 May

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LANDLORDS: DO YOU KNOW YOUR RIGHTS?

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in Laws of Trinidad and Tobago

A tenancy is a contractual relationship between two parties, namely a landlord and a tenant. The essence of a tenancy is a grant by the landlord to the tenant of ‘exclusive possession’ of a property together with an intention to create the relationship of landlord and tenant. Since the basis of the relationship is contractual, the rights of parties depend on the terms of the agreement. There are however certain rights and obligations which are part of all tenancy agreements or are implied by law. In this article, some of the usual rights and obligations of the landlord will be noted. •...

29 May

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HOW HUMAN RIGHTS ARE PROTECTED IN TRINIDAD & TOBAGO

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in Laws of Trinidad and Tobago

The Constitution The Constitution of the Republic of Trinidad and Tobago is the supreme law of the land. Within this document is contained guaranteed protection of fundamental human rights and freedoms. The most important sections relating to the protection of human rights in the Constitution include: Section 4 (Declaration of Rights and Freedoms) Section 4 of the Constitution declares and recognizes the existence of basic fundamental human rights and freedoms, without discrimination by reason of race, origin, colour, religion or sex. It states: “It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without...

29 May

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RIGHTS OF EMPLOYEES IN TRINIDAD & TOBAGO

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in Laws of Trinidad and Tobago

Workers in Trinidad and Tobago enjoy many legal rights. In this week’s article we look at some of these rights Minimum wage The Minimum Wages Act Chap. 88:04 provides for a national minimum wage for all workers generally. This minimum wage was recently increased, effective January 2015, to $15 per hour. Employees can report non-compliance by their employer to their trade union or the Minister of Labour. Health and safety Workers have often downed tools in dissatisfaction with workplace conditions. Under the Occupational Health and Safety Act Chap. 88:08 employers must provide a safe and healthy work environment, protective clothing and equipment at no...

29 May

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EXPLORING RELIGION & DISCRIMINATION IN THE WORKPLACE

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in Laws of Trinidad and Tobago

In a multi-religious society like T&T it is useful for both employers and employees to know what circumstances may give rise to discrimination on the ground of religion in the workplace. Section 4 of the Constitution recognises and protects the fundamental human right of freedom of conscience and religious belief and observance without discrimination. The Equal Opportunity Act Chap. 22:03 provides further protection against discrimination in employment. Sections 8 to 10 of the Act provides, among other things, that an employer must not discriminate against an employee in the terms or conditions of employment or in the way the employer gives...

29 May

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HOW TO MAKE A WILL IN TRINIDAD & TOBAGO

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in Laws of Trinidad and Tobago

Published in the Trinidad Guardian newspaper on Monday 9 February, 2015. A Standard Will may be defined as a revocable declaration, put into writing, stating what a person intends to happen to his property (real and personal) after his death. Simply put, it states to whom that person’s property, belongings and money goes to upon his death. The concept of a Will is simple and a person may be inclined to put this “declaration” in writing himself. However, the law sets out certain requirements which must be followed when one makes a Will. These requirements are specifically put in place to avoid...

29 May

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CHILD MAINTENENCE

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in Laws of Trinidad and Tobago

Q. What is Child Maintenance? A. Maintenance is the payment of a lump sum or periodical payments of money for the minor child/children of the family. Maintenance payments include the cost of day-to-day living and general upkeep of the minor child/children. and can also include educational cost. It is usually paid by the parent who is without the main day-to-day care of the child (the non-resident parent), also called the payer, to the parent with the main day-to-day care (the parent with care) - called the payee. Parents may decide to have an arrangement for the payment of child maintenance between...

29 May

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INTESTACY: DYING WITHOUT A WILL

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in Laws of Trinidad and Tobago

Q: What happens when someone dies without leaving a Will? A: A person dies intestate when he/she does not leave a Will or leaves a Will that is later found to be invalid. The rules of Intestacy in Trinidad and Tobago are governed by the Administration of Estates Act, Sections 23 - 31 and The Distribution of Estates Act, 2000. The estate (all possessions of the deceased) is divided according to the rules of Intestacy. Only married or civil partners and some other close relatives can inherit under the rules of intestacy. Parents, brothers and sisters and nieces and nephews of the intestate...

29 May

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PROTECTION ORDERS

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in Laws of Trinidad and Tobago

TRINIDAD AND TOBAGO. Domestic Violence Act, 1991 of 16 August 1991 (Act No. 10 of 1991). (Trinidad and Tobago Gazette, Pt. A, Vol. 30, No. 216, Legal Suppl., 23 August 1991, pp. 87-109.) PART II: PROTECTION ORDERS 4. (1) Where, on an application made in accordance with this Act, the Court is satisfied, on the balance of probabilities, that -- (a) the respondent has engaged in conduct that constitutes a domestic violence offence and unless the respondent is restrained, the respondent is likely to engage in further conduct that would constitute that or another domestic violence offence; (b) the respondent has threatened to engage in conduct that would...

29 May

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DOMESTIC VIOLENCE

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in Laws of Trinidad and Tobago

Q. What is Domestic Violence? A. Includes any form of abuse whether it be mental, verbal, physical, sexual, financial, emotional or psychological, committed by a person against a spouse, child, and any other person who is a member of the household or dependant. Q. What is a Protection/Restraining Order? A. A Protection or Restraining Order is a court document which restrains a person from engaging in abusive behaviour of any type. Q. Where do you go to apply for a restraining Order? A. To the Clerk of the Peace of the District Magistrate Court in which you live. Q. Who can apply for a protection order? A....

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