Legal Wranglings


December 24, 2015

This is the time of the year when shoppers are out in large numbers because they all want to have a merry Christmas with family and friends.

Well, a 26-year-old construction worker was one of the many shoppers downtown Kingston this week. He was very excited as he shopped for his sons, who are six and four years old.

The children looked very happy and showed excitement at times as they asked their father to buy toys for them.

"I got custody of my boys just last week," he said.

"It was a very hard task to get my boys from their mother because she did not want to give them to me. When I went to visit them in January, tears came to my eyes to see how their

mother was treating them. The children said they wanted to live with me because their mother did not love them. They were very dirty and they told me their mother left them with friends at nights to go to parties and clubs. I am a construction worker and I work very hard. I give her money every week for my boys, but she spends the money to buy party clothes for herself. I spoke with neighbours and even some of her friends and they encouraged me to take the children. The children's mother does not work, so I was the one supporting her and the children," he disclosed.

He said that when he told her to give him his children because she was not taking good care of then, she replied, "not over my dead body."

"I decided to go the legal way and so I went to the court and applied for custody of my boys. When I served the summons on her, she laughed saying I could not win her in court. I felt very sad when even my relatives and friends said I could not win in court. I am glad I did not give up. I had enough proof in court that she was not a fit mother to take care of the children and so, luckily for me, I got custody of them.

"My children coming to live with me is the best Christmas present I could ever get. I now implore all the fathers to take very keen interest in their children," he said.

There are many cases in which the court has given fathers custody of the children. Under the Children (Guardianship and Custody) Act , either parent can apply for custody. The parent applying will have to provide proof to the court why it would be in the best interest of the child for that parent to be given custody, care and control of the child.