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Soar v Andrew [2009] PGDC 68; DC892 (3 June 2009)

DC892

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

FCNO. 03 of 2009

BETWEEN

JOSEPHA SOAR
Complainant

AND

THOMAS ANDREW
Defendant

Aitape: M Samala
2009: 14 May, 03 June

CIVIL - Child welfare, Affiliation proceedings after birth of two younger children, Two older children on maintenance, Award for two younger children.

Cases Cited: Nil

References
The Child Welfare Act 1961, Chapter No.276, sections 51, 54 & 55

Counsel
In person, the Complainant
No appearance, the Defendant

03 June 2009

M Samala: The Complainant sues Defendant for child maintenance pursuant to sections 51, 54 and 55 of the Child Welfare Act, Chapter 276 after birth of two last children leaving the complainant with four children and defendant deserting them in 2007 without any means of support.

2. The Complainant is from Aitape District while the Defendant is from Kubalia in East Sepik Province. The defendant is currently employed with FTM Contruction Company currently sub-contracted to Digicel Company in building Digicel Towers in East and West Sepik Provinces and other parts of Papua New Guinea while complainant is simply a house wife.

3. FACTS

Brief facts in the Complainant’s Affidavit statement being that, the pair were married in 1990 by custom and from that marriage they had four children. The eldest being a male child and second a female and had earlier deserted the complainant with two first children for some years having a separate maintenance file of their own. He later returned to the family sometime in 2003 and in 2007 deserted them again after having the third child namely Evelyn Andrew, 4 years borne in 2005 and the fourth child namely Gabriella Andrew in 2007.

4. The matter came before court on 14 May, defendant made no appearance and was adjourned to today, 03 June and again defendant made no appearance. The matter of proceedings proceeded Ex Parte today in the absence of defendant after no written intention filed by defendant to defend the matter.

5. The defendant is alleged by complainant working in Lae as project supervisor in the construction of Digicel Mobile towers all around PNG employed by FTM Company, initial for First Taim Mangi Ltd a registered company. He never sent money or assisted complainant in raising the children and is believed living with another woman.

6. Complainant stated all documents of service with notices on first and second hearing dates were served on defendant sent by fax thru his employers address in Lae and confirmed by his superiors were delivered to him with Proof of Service filed as at 18 April 2009.

7. EVIDENCE

The only evidence before court is complainant’s own filed Affidavit statement dated 14 March 2009 stating the pair got married in 1990. The two older children were already on maintenance after first instance of desertion by the defendant. He then returned to the family in 2003 and in 2007 deserted her with four children, for these two younger children, one was borne in 2005 and one in 2007.

8. The defendant works as supervisor in the construction of Digicel Mobile towers but since his desertion in 2007 till now, had never assisted her and the children. In 2008, their eldest son died and he briefly visited them and left again for work. She is left with three children but life has been very difficult for her and the children since their working father and husband has forgotten all about them and completely abandoned them. He did the same before resulted in the two older children previously awarded maintenance by this court in 1998 and is doing it again.

9. I accept what the complainant is alleging in that she and defendant are married by custom in 1990 having two older children awarded maintenance due to complete abandonment of the children and her.

10. She has previous maintenance file against the defendant in this court for her two older children after desertion by the defendant who is their biological father.

11. This is the second affiliation proceedings after defendant briefly returned resuming conjugal union with her and living with the children in 2003 having with her now two additional younger children whose biological father is the defendant.

12. From complainant’s Affidavit statement and brief oral statement, I have no doubt defendant perhaps is living a double life with second woman grossly neglecting the children by not providing any means of support and is the biological father of the said younger children namely Everlyn Andrew, female 4 years and Gabriella Andrew, female 2 years.

13. And accordingly, I find defendant liable being the biological father of the two younger children and ordered that:-

i. Defendant pays a sum of K120.00 per fortnight to the complainant for the upbringing and keeping of children Everlyn Andrew, female 4 years old and Gabriella Andrew, female 2 years old.

a) For child Everlyn Andrew, a sum of K60.00.

b) For child Gabriella Andrew, a sum of K60.00.

ii. That the orders to be enforced till each child attains the age of 16 years, dies, or that this order is varied, suspended or discharged by a court of competent jurisdiction in what sequence the first occurs.

iii. Custody awarded to the complainant and defendant be allowed access rights.

iv. First payment to commence this pay period 05 June 2009.

vi. All monies be paid to Clerk of Court at Aitape District Court for complainant to collect.

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