HOWARD HAMILTON, Q.C., the Public Defender, is to make one of his main projects this year, extending the jurisdiction of the Maintenance Act to make deadbeat fathers in the United States and Canada support their offspring in Jamaica.
Mr. Hamilton says he is working to enable mothers to track down delinquent fathers in areas not now covered by the Act.
These include Ontario in Toronto, Canada, and seven states in the USA including New York, Connecticut, and Georgia, sections of which have heavy Jamaican populations, but to which the arm of the Maintenance Act does not extend. The act currently covers all CARICOM states and the United Kingdom, as well as Maryland, New Jersey, Florida and California in the USA, and Manitoba, New Brunswick, Prince Edward Island and Newfoundland in Canada.
On Tuesday, Mr. Hamilton said he had been in contact with the US Embassy and Canadian High Commission, and the groups have been working to track down Jamaicans to help extend the jurisdiction. The Ministry of Foreign Affairs has also been working at legislation for reciprocal agreements with the states of New York, Connecticut, Pennsylvania and Michigan. Also, it is proposed that the Ministry consider forging reciprocal arrangements with Nigeria, Ghana and Japan, where the Jamaican population is growing.
The Maintenance Orders (Facilities for Enforcement) Act allows that where a (Jamaican) court has made a maintenance order against a person and it is proved that such person is residing in a reciprocating state (where provisions will be made for enforcement) the court and that state shall do what is appropriate to ensure enforcement.
The Act also provides for the reciprocal enforcement of orders pursuant to arrangements made between Jamaica and countries which have been designated "reciprocating states."
If the father is abroad, the mother, upon proof that the child is his, must take action before the child reaches 18. To begin the process she needs to go to the courts where a provisional order will be made and sent by the Ministry of National Security to the relevant state and the father will be summoned, after which a maintenance order will be made.
