Feka v Feka [2017] PGDC 10; DC3046 (3 October 2017)

DC3046

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS FAMILY COURT JURISDICTION]

FC 78 of 2017

BETWEEN:

JUDY FEKA

Complainant

AND

KUM FEKA

Defendant

Goroka: P Kaumba, Magistrate
2017: August 16, 23
October 3

CIVIL:

Cases Cited:

Nil

References:

Nil

Counsels:

Lawyer for the Complainant, In person

Lawyer for the Defendant, In person

DECISION

INTRODUCTION: This is a complaint filed by the complainant alleging that since January 2016 the Defendant has deserted her and her 4 children and left them without any means of support and she sought the following orders:

(a) A support allowance fortnightly for herself and her children section 55 of CWA.
(b) Defendant pay confinement expenses for the complainant.
(c) Such other orders as the court deems meet.
(d) Any other further orders as this Honourable Court deems proper’.

LAW.

LUKAUTIM PIKNINI ACT(Replaces Child Welfare Act).

5 PRINCIPLES OF THE ACT.

(1) This Act shall be interpreted and administered in accordance with the following principles in this Subsection:

• (a) In all actions and decisions made under the Act concerning a particular child the best interest of the child must be the paramount consideration, and where any conflict arises between the interest of the child and another person, the interest of the child is paramount; and
• (b) Children have the right to be protected from all forms of abuse, neglect and maltreatment; and
• (c) All children to have equal opportunity and access to education; and
• (d) The preferred environment for the care and upbringing of a child is his own family and the responsibility for the care rests primarily with the parents; and
• (e) Wherever possible, the relationship between a child and his family should be maintained and strengthened and
• (f) Where a child is considered to be in need of care and protection, the necessary support should be provided to the family, wherever practicable, so that the child remains with the family; and
• (g) In deciding what action in necessary to protect a child from harm, the course to be followed must be least intrusive intervention in the life of the child and his family, and
• (h) Interventions should be aimed at remedying the harmful situation and providing a plan to return the child to his family, unless to do so is contrary to the child’s interest; and
• (i) If a child is temporarily or permanently deprived of his family environment, or cannot be allowed to remain in that environment in his own best interests, the child entitled to special protection and assistance from the office for Child and Family services; and
• (j) Where it is necessary to remove a child in need of protection from his family, alternative care for the child within his own family or community and the child’s name, identity, language, cultural and religious ties should, as far as possible be preserved; and
• (k) If a child is raised in the care of the office of child and family services or other appointed out -of –home care organisations, the child is entitled to maintain close relationships with people significant to the child, including parents, siblings, extended family, peers, family friends and community, unless it is contrary to his interests; and
• (l) Wherever a child is able to form his own views on a matter concerning his welfare, he must be given an opportunity to express those views freely and those views are to be given due weight in accordance the development capacity of the child; and
• (m) In all actions and decisions made under the Act that significantly affect a child must be taken out of the culture, ability, language and religion of the child; and
• (n) decisions affecting a child must, wherever practicable, be made and implemented as expeditiously as possible, having regard to the child’s sense of time; and
• (o) the Social obligations as are reflected in the constitution must be considered in handling any child welfare cases.

(2) To ensure that a child is able to participate in decisions under this Act that have a significant impact on his life, the office for Child and Family services is responsible for providing the child with the following:

• (a) Adequate information, in a manner and language that can understand concerning the decisions to be made, the reasons for intervention, the way in which the child can participate in the decision making and any relevant complaint mechanisms; and
• (b) The opportunity to express his views freely according to his abilities; and
• (c) Any assistance that is necessary for the child to express those views; and
• (d) Information as to how his views will be recorded and taken into account; and
• (e) Information about the outcome of any decision concerning the child and full explanation of the reasons for the decision; and
• (f) An opportunity to respond to a decision made under this Act concerning a child.

(3) Where a person is directed under this Act, to make an order or determination in the best interest of the child, the person shall consider the following circumstances that are relevant:

• (a) the importance of the child’s development of a positive relationship with a parent or guardian and a secure place as a member of a family; and
• (b) the child’s relationship with his relatives; and
• (c) the importance of continuity; and
• (d) the bonding that exists between the child’s parent or guardian; and
• (e) the child’s physical, psychological needs and the appropriate care or treatment to meet those needs; and
• (f) the child’s physical, psychological and emotional level of development; and
• (g) the child’s cultural, racial and linguistic heritage; and
• (h) the child’s views and wishes, if they can be reasonably ascertained; and
• (i) the effect on the child of a delay in deposition of the case; and
• (j) the risk that may be suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent or guardian; and
• (k) the degree of risk, if any, that justified the finding that the child is in need of protective services and
• (l) any other relevant circumstances.

(4) It is the duty of a parent, guardian or any other person having parental responsibility of a child to maintain that child and, in particular to-

• (a) Safeguard and promote the child’s health, development and welfare; and
• (b) Provide education and guidance to the child in a manner appropriate to the stage of development of the child; and
• (c) Ensure that the child receives adequate nutrition, clothing, shelter, immunisation and medical attention; and
• (d) Protect the child from discrimination, violence, abuse, neglect, exploitation and harmful social or customary practices; and
• (e) Protect the child from engaging in employment or any activity that may be harmful to his health, education, physical, psychological or moral development and
• (f) Ensure that in the temporary absence of a parent or guardian, the child shall be cared for by a person known and trusted by the parents or guardians.

(5) A parent, the Office for Child and Family services and any other person must ensure that a child is not subject to any form of discrimination on any grounds including the child’s or his parents race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, property, disability, illness and other medical reasons, birth or any other status.
(6) In applying these principles, due regard must be given to the age and psychological capacity of the child.

6. RIGHTS OF THE CHILD.

The rights of a child under this Act and other laws and relevant international conventions shall be accorded to the child.

7. RIGHT OF CHILD TO LIVE WITH PARENTS.

A child is entitled to live with his parents unless it is determined that it is in the best interests of the child to separate him from his parents and place him in a child –friendly place or in an out-of-home care place in accordance with this Act.

8. DUTY TO MAINTAIN A CHILD.

(1) It shall be the duty of a parent, or any person having custody of a child to maintain that child and, in particular that duty gives a child the right to-

(a) adequate nutrition; and

(b) immunisation, and

(c) clothing, and

(d) education and guidance; and

(e)medical attention.

(2) It shall be the duty of any person having custody of a child to protect the child from discrimination, violence, abuse, neglect and exploitation.

9. EXERCISING PARENTAL RESPONSIBILITY.

(1) Subject to Subsection(2) a parent shall have parental responsibility for the child.

(2) Where the natural parents of a child are deceased or physically unable to perform parental responsibilities, the parental responsibility may be exercised by relatives of either parent’s in accordance with-

(a)custom; or

(b)by deed or will; or

(d)by way of a direction of the Director; or

(e) a court order in accordance with this Act.

101 APPLICATION FOR PARENTING ORDERS.

(1) This division deals with an application for and making of parenting orders and general obligations created by parenting orders.
(2) A parenting order in relation to a child may be applied for , by-

• (a) either or both child’s parents; or
• (b) the child; or
• (c) a grandparent of the child; or
• (d) any other person concerned with the care, welfare or development of the child....

102 CONSIDERATION BY THE COURT

(1) In deciding whether to make a particular parenting order in relation to a child, the court must ensure the best interest of the child as the paramount consideration.
(2) In making a decision under this Division, the court must ensure that the child spends equal time or substantial and significant time with each parent....

103. BEST INTEREST OF THE CHILD.

(1) In determining what is the child’s best interests, the primary considerations are-

(a) the importance for the child’s positive relationship with a parent or guardian and a secure place as a member of a

family; and

(b) the need to protect the child from physical or psychological harm from being subjected to or exposed to, abuse,

neglect or family violence.

(2). Additional considerations are-

(a), any views expressed by the child and any factors(such as the child’s maturity of level of understanding) that the court thinks are relevant to the weight it should give to the child’s views; and

(b), the nature of the child’s relationship of the child with-

(i) each of the child’s biological parents; and

(ii) other persons(including relatives of the child); and

(c), the extent to which each of the child’s parents has taken, or failed to take, opportunity-

(i) to participate in making decisions about major long –term issues in relation to the child; and

(ii) to spend time with the child; and

(iii) to communicate with the child; and

(d).The extent to which each of the child’s parents has fulfilled; or failed to fulfil, the parents obligations to maintain the child; and

(e). the likely effect of changes in the child’s circumstances, including likely effect on the child of any separation from-

(i) either of the parents or

(ii) any other child, or other persons(including relatives of the child) with whom he has been living; and

(f), the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with both parents on a regular basis; and

(g), the capacity of-

(i)each of the parents; and

(ii)any other person(including emotional and intellectual needs; and

(h), The child’s cultural, racial, linguistic and religious heritage and

(i), the principles under section 5(2) of the Act.

108 MAINTENANCE OF A CHILD.

(1) Where the court hearing a complaint under this part in relation to the maintenance of a child is satisfied on the evidence, it may order the defendant to pay to the complainant a fortnightly sum or in kind as maintenance for the child.
(2) A maintenance order under subsection(1) also includes an order for the medical and educational expenses of the child.

109 MAINTENANCE OF A SPOUSE.

Where the court hearing a complaint under this part in relation to maintenance of a spouse who is deserted by the defendant, the court may order the defendant to pay to the complainant a fortnightly sum or in kind as maintenance for the spouse.

110 DURATION OF MAINTENANCE ORDER.

(1) An order for maintenance under section 108 applies until-

• (a) The child dies; or
• (b) The order is discharged by a court of competent jurisdiction; or
• (c) The child attains the age of 18 years,

whichever first occurs.

(2) An order for maintenance under section 109 applies until-

• (a) The spouse dies; or
• (b) The spouse remarries; or
• (c) It is varied; or
• (d) The order is discharged or varied by a court of competent jurisdiction,

whichever first occurs.

(3) If in the opinion of the court, there are special circumstances including his education, medical and other special needs, and having regard in particular to part II and the general principles prescribed in section 5 of this Act, the order may be varied after the child attains 18 years of age.

CONSTITUTION.

Schedule 2.1 RECOGNITION ETC,OF CUSTOM.

(1) Subject to Sub section (2), custom is adopted, and shall be applied and enforced as part of the underlying law.
(2) Sub section (1) does not apply in respect of any custom that is, and to the extent that it is inconsistent with a constitutional law or a statute, or repugnant to the general principles of humanity.
(3) An Act of Parliament may-

• (a) Provide for proof of custom, and
• (b) Regulate the manner in which, or the purpose for which, custom may be recognized
• (c) Provide for the resolution of conflicts of custom.

Customs Recognition Act.

2. PROOF OF CUSTOM.

(1) Subject to this section, question of the existence and nature of custom in relation to a matter and its application to any particular circumstances shall be ascertained as though they were matters of fact.

(2) in considering a question referred to subsection(1) a court-

(a) is bound to observe strict legal procedure or apply technical rules of evidence and

(b) shall-

(i) admit and consider such(including hearsay evidence and expression of opinion) and

(ii) otherwise inform itself as it thinks proper.

3. RECOGNITION OF CUSTOM.

(1) Subject to this Act custom shall be recognised and enforce by and pleaded in, all courts except or far as in particular case or in a particular context-

(a) it’s recognition or enforcement would result, in the opinion of the court do injustice or would not be in the public interest; or

(b) in a case affecting the welfare of a child under the age of 16 years its recognition or enforcement would not be in the best interest of the child....

CUSTOMARY LAW ON CUSTODY AND MAINTENANCE AMONGST THE SIANE PEOPLE OF SIMBU AND EASTERN HIGHLANDS PROVINCES.

In marriage break down and custody cases the Siane people, UngaiBena District have a custom where if a husband has paid bride price for the bride and if the marriage fails and if there are children of the marriage the custody of the children will automatically go to the father regardless of whether the child is too young (a small baby) unless the father or relatives are willing to allow the mother to breast feed the child until he is ready to be weaned and taken away from the mother. If the child is allowed to be looked after by the mother and her relatives then at the age of maturity or at any time the father or relatives of the father can negotiate the release of the child to them and usually pay of some form of compensation to the mothers relatives for their part in looking after the child and assume parental responsibility. This usually happens in exceptional circumstances only. Most of the time,the father and/or his family relatives will take parental responsibility of the child on the date of the divorce and maintenance of the divorced mother is never part of custom and the Village Courts don’t consider making maintenance order’s . This custom does not take into account the mother factor that is very important in raising up a child and the fact that a mother especially an unemployed house wife in town or city environment needs to be maintained until she remarries or finds employment for herself.This custom cover Ungai District, parts of Daulo, and part of Simbu Province where Siane’s live and may be it covers many Highlands Provinces.

VILLAGE COURT ACT.

97 REFERENCE OF MATTERS BETWEEN VILLAGE COURTS AND OTHER COURTS.

(1)-

(2) Where-

(a) proceedings have been commenced in a court other than a Village Court; and

(b) it appears that:

(i) the proceedings could be more appropriately be dealt with by s Village Court having jurisdiction in the matter,

the court may make an order referring the matter to that Village Court.

ISSUES:

(1) Is the complainant entitled to bring this proceeding’s under theLukautimPiknini Act?
(2) Whether this court can hear the case after the Village Court has dissolved the parties marriage?
(3) Is the complainant and her children deserted by the deserted by the Defendant. If so, what is the reasonable means of support that can be allowedunder the circumstances?
(4) Who should have custody of the children?
(5) Is the complainant entitled to confinement expenses?

HEARING

The parties filed their affidavits in support of their claims and counter claims and the complainant called three(3) witness and the Defendant called one witness only and parties and their witnesses were cross-examined and court asked questions and answers were noted down.

FACTs

1. The complainant and Defendant are from UngaiBena District, Eastern Highlands Province.
2. They were married according to custom with bride prize payment.
3. They have 4 children between the ages of 5 and 12.
4. The Defendant has other children from his first wife. His eldest daughter gave evidence as witness for defendant.
5. The Defendant married a third wife which led to the divorce of the complainants marriage to the Defendant by the Village Court and this claim for maintenance.
6. The parties marriage was dissolved by the Village Court on the 26^th of January 2017 and the same was endorsed by the District Court on the 22^ndof February 2017.
7. The complainant appealed the Village Court decision to the District Court and the appeal was quashed on the 1^st of June 2017.
8. The parties blame each other for the break-up of their marriage but this court cannot consider their arguments because another court has heard it and made a decision.
9. The Defendant said that the Complainant is responsible for the break-up because she has a habit of nagging the defendant, defaming and insulting him in public with use of dirty and insulting words etc. Thus he does not want to have anything to do with her so he looks after his children through her elder daughter(of another marriage) and his eldest son of the parties marriage.
10. The complainant said that the Defendant got the Village Court to make a decision on the first hearing only and the marriage was broken up and the Defendant was ordered to pay K1000.00 to her.
11. The children are in the custody of the wife in the family home(herein-after referred to as ‘the house’)and the defendant pays for electricity, water and sewerage bills for the house and provides for the children’s maintenance.
12. The complainant claims that since January 2016 the Defendant has failed to support her and the children after he got married to anotherwomen (who is his third wife).
13. The defendant is supporting his children and he does the same through his first born son and (most times) his eldest daughter and he has no responsibility to the complainant because she is no longer his wife. The eldest daughter has given evidence supporting her father that she gets K300.00 from her father every fortnightand pays for the power, wateretc. She also buys food for the children. The elder son has not given evidence in court and what the Defendant is saying cannot be confirmed.
14. The complainant two(2) witnesses corroborated the complainant’s evidence that the children sometimes don’t go to school because they had nothing eat for breakfast or if they had something for breakfast then it is not enough to keep them at school and many times they leave school at lunch.
15. The defendant hardly goes to the house to see his children and the complainant and spend time with his children.
16. They also said the complainant usually seeks help from her neighbours and relatives to look after her children and they usually assist her when they have excess like salt, oil and basic foods like rice etc .
17. The complainants witnesses were neutral and gave evidence truthfully and without bias.
18. The complainant further gave evidence thatonly once the Defendant failed to pay for electricity for the house and many times the children go without food and sometimes they don’t go to school because they did not have enough for breakfast and lunch. When there is no food in the house the Complainant sends her children to the defendant’s workplace to get money for food the defendant usually gives excuses.
19. The Village Court has power to deal with divorce and custody cases and it has made a decision to dissolve the parties marriage but there is doubt as to whether there was a decision on custody because the parties are now jointly looking after the children in the defendants house and there seems to be no order on custody.
    

APPLICATION OF LAW TO THE FACTS.

1. The Complainant and defendants marriage was divorced by the Village Court on the 26^th of January 2017 and endorsed by the district Court on the 22^nd of February 2017and the issue now is whether the complainant is entitled to bring these proceedings for maintenance of herself and her children. In relation to maintenance especially where children are involved the parents, either of the parent, the child, grand parent, any other person concerned with care,welfare or development of the child, anyguardian or any person acting in a fiduciary capacity can bring proceedings before the court under the LukautimPikinini Act. The complainant is the natural mother and has a hand and will have a hand in bringing up her children and she can bring these proceedings to the court on behalf of herself and her children under the LukautimPikniniAct(see section 101(2) of the Act above).
2. The complainant brought this case under the Child Welfare Act but this Act was replaced by the LukautimPiknini Act recently so I will apply the latter Act. I also have power to amend the complaint pursuant to section 138 of the District Act and I do so to do justice even though Defendant has not raised any issue with it.
3. The Defendant argues that complainant is a divorced wife and cannot bring this case for maintenance but the village court made a decision based on custom of the parties and custom relied on is not applicable to the partie’s circumstances that is the parties live in Goroka town and the wife is unemployed and relies on the defendant who is a self employed businessman to provide her maintenance and that of her children. Hence I believe this custom should not be applied in this case. Therefore I decline to refer the matter to the village Court to deal with it under section 97 of the Village Court Act.
4. Secondly Iam of view that the District Court is in better position to deal with custody and maintenance cases especially in the parties situation where their custom on custody and maintenance issues are repugnant to the principles of humanity(see schedule 2.1(2) of the Constitution herein-above).
5. Lastly the issue of custody can be dealt with by the Village Court but the issue of maintenance cannot be dealt with by the Village Court because there is nothing in the custom of the parties that requires a parent who does not have custody of his child to maintain his child in another parent or relatives custody after divorce(see custom referred to above).
6. The Defendant has been looking after the complainant and her childrenuntil on or about 26^th of January 2016 when problems arose in relation to his marriage with the complainant due to the Defendants action of taking up a third wife.
7. The Defendant is up to date with payments of electricity and water and garbage and sewerage bills for the house except on one occasiononly but the issue hereis with maintenance of the complainant and her children and whether the maintenance is adequate.
8. The complainant is divorcee and she may not be entitled to be maintained by the Defendant under the Act.
9. The issue of maintenance of the wife was not considered by the Village Court but it has rightly done so because it is not part of the custom of the parties(see above) but that custom in my view is not applicable to modern towns and cities and it is repugnant to the general principles of humanity.Hence a court may order maintenance for spouse even though marriage have been dissolved under custom of the parties herein pursuant to section 109 of the Pikinini Act.
10. The Children of the parties to this case are entitled to be maintained by the Defendant and the Defendant is saying that he is maintaining his children by giving K300.00 to his eldest daughter to pay for power bills, water and sewerage and garbage billsand buy food for the children. That is confirmed by his eldest daughter in her affidavit and testimony given in court and on cross examination but that arrangement or channel is not full proof because the elder daughter is not the children’s mother and has her own family to look after.
11. The Defendant also pays for the Children’s clothes etcand he does that through his eldest son but the eldest son was not called in court as witness to confirm the same and furthermore to allow the court to assess him on whether the child would prefer staying with the Defendant or the complainant and the Court did not have the opportunity to assess the children as well as required by the LukautimPiknini Act.
12. The Defendant is submitting that he has not failed to maintain his children and he is in a better position to look after them. Furthermore the Defendant says that the complainant is gambler and is not wise in managing funds given to her for the upkeep of the Children and she cannot be trusted to look after the children.
13. When asked in cross-examination why he hardly visits the children at their home at Lopi West Goroka. He said due to the complainants actions of defaming, nagging and insulting him in public he can’t withstand the humiliation and he decided that he should have nothing to do with the complainant.
14. I find that the complainant has a problem with the defendant in that she has habit of using insulting and defamatory words and/or interfering with the defendant’s daily life and the Defendant got fed up with her and due to that fact the Defendant has been providing for his children through his first born daughter.
15. And that may be good but his conduct of taking on a third wife caused this problem and whether the third wife would properly look after the complainants children is in doubt because the third wife was not called into court to assess her.
16. In any case dealing with children, the interest, welfare and development of the Children are of paramount consideration(See section 5(1)(a), 5(2),8 and 102(1) of the LukautimPiknini Act Supra). Hence the parties conduct’s may be relevant in considering custody but that is not relevant here because here the issue of custody was a matter for the Village Court to decide and they have not decided on it and I don’t want to refer this case to them again because of the reasons given above. Secondly the issue here is whether the children were deserted by the Defendant and if so whether the court can order the Defendant to maintain them.
17. I find that the Defendant has been maintaining his children but not adequately due to rising cost of living today and he is doing through third parties and that channel may not be full proof.
18. Therefore it is in the interest of the children that the status quo be maintained except that the payment of funds be made to the complainant andthe amount be increased by K100.00 and the complainant should take care of the children and pay power, sewerage and garbage and water bills. This is also due to the reasons given below.
19. The complainant,the mother of the children is more qualified to look after her children because she is now living with them and knows their needs better than the parties eldest daughter that is especially more so with the parties young child who was about one year old in August this year. The mother factor is very important to the proper upbringing of children especially very your children like the parties young baby who turned one year old in August this year.
20. Furthermore the children are more likely to bring their problems to their mother than their eldest half sister whom the defendant uses to maintain his children.
21. Hence it is in the interest, welfare and proper development of the children requires that the Defendant should pay maintenance for the Children’s Maintenance to the complainant to take care of the children. The parties may have their personal grudges, likes and dislikes but when their interest comes into conflict with the childrens interest, the children’s interest will prevail according to law(see section 5(1)(a) of the LukautimPiknini Act).
22. In that regard I considered the fact that the Defendant is self- employed person I think K100.00 per fortnight as a reasonable amount to be paid as maintenance for each of the children per fortnight.
23. The Complainant is not entitled to maintenance because her marriage to the Defendant was dissolved by the Village Court and the Village Court did order the defendant to pay K1000.00 to her.
24. I am required by section 107 of the Pikinini Act to consider an order the Defendant to pay confinement expenses but I decline because Village Court had ordered the Defendant to pay K1000.00 compensation and the defendant has paid the amount to the complainant.
25. As a local personI know the customs of the parties and I am using the local custom of the parties and highlands as a whole in deciding issues before this court pursuant schedule 2.1(2) of the Constitution and section 2 and 3 of the Customs Recognition Act to consider issues before this court.
26. I hope the complainant manages the money properly and not to spend the money on her relatives and/or gambling.
27. If the Defendant comes back to this court complaining that complainant is misusing the money then appropriate orders will be made to vary the orders of the court.

ISSUES.

My answers to the issues before the court are:

(1) Yes,
(2) Yes because maintenance is not part of the custom of the parties and the village Court never considered maintenance. Maintenance can be ordered by the District Court under the LPA.
(3) No & yes.
(4) Status quo should be maintained.
(5) No.

My formal orders are:

1. The Defendant shall pay K400.00 for the maintenance for the children namely NupatoFeka, KoravinaFeka, EsayanoFeka and MesinaheFeka per fortnight forthwith.
2. The maintenance payment shall be paid into the complainants account number,details which the complainant shall provide to the defendant and the clerk of court for salary attachment etc.
3. The payment of maintenance to the complainant by the Defendant for the children’s maintenance will cease upon the complainant getting re-married.
4. The defendant shall continue to pay one hundred percent(100%)of all reasonable medical and educational expenses of the child/children whenever they fall due, in default, appropriate enforcement proceedings can be pursued as required by law.
5. The Defendant shall comply with the orders until:
   • (a) Any child dies,or
   • (b) The children reaches/or reach 18 years of age and no longer in school or if the age of child maintenance is further extended by law or
   • (c) by operation of law or
   • (d) this order is varied, discharged, suspended or terminated by a court of competent jurisdiction,

whichever first occurs.

6. Any maintenance arrears accruing for any child/children shall be recoverable even after the child/children reaches/reach 18 years or any age extended by law under the various provisions relating to enforcement of court orders under the District Court Act chapter 40 or under Maintenance Orders Enforcement Act chapter 279.
7. The Defendant shall pay the complainant’s legal costs to be taxed if not agreed.
   

Lawyers:

Complainant: Nil.

Defendant : Nil.