What usually happens
Court registries often tell young mothers to “come back with a lawyer”. The forms are filed by the parent, and a Children's Officer can apply on the child's behalf instead.
The law that protects you
- Children Act, 2022, parental responsibility
- Both parents have equal and joint parental responsibility for their child, whether or not they were married.
- Children Act, 2022, maintenance
- A parent or guardian can apply to the Children's Court for maintenance: a monthly payment, a lump sum, or school and medical expenses.
- Constitution, Art. 53(2)
- In every matter concerning a child, the child's best interests come first.
What you can do
- 1.
Register the birth with both parents' details if you can. The birth certificate is the strongest first piece of evidence.
- 2.
Collect what you have on the father's identity, work or income, and any messages about support.
- 3.
Go to the Children's Court at your nearest magistrates' court and ask the registry clerk for the forms. You do not need a lawyer to file.
- 4.
Ask a free legal aid provider to help you draft the application and to attend court with you.
If you are refused
If the court registry turns you away or tells you to come back with a lawyer, ask to see the court's legal aid desk and the Officer in Charge. Legal aid for children's matters is free, and a Children's Officer can also apply on the child's behalf.