✨ Samoa Maintenance and Affiliation Order




May 21.] THE NEW ZEALAND GAZETTE. 1685

tenance of the child, or has since the birth of the child cohabited with
the mother as man and wife, in which case the application may be
made at any time after the expiration of the said period of six
years, if within two years immediately preceding the application the
defendant has contributed to or provided for the maintenance of the
child or has so cohabited with its mother.

(3.) If at any time the defendant has been absent from Samoa
the period of his absence shall not be counted in computing the
respective periods of six years or two years.

(4.) No such application shall be made unless the child is under
twelve years of age at the time of the application.

  1. (1.) The evidence of any woman who is the mother of a child
    or who is with child as aforesaid shall not be necessary for the making
    of an affiliation order.

(2.) No person shall be adjudged to be the father of a child upon
the evidence of the mother, unless her evidence is corroborated in
some material particular to the satisfaction of the Court.

  1. When an affiliation order has been made by the High Court
    under the foregoing provisions against any person as the father of
    a child, whether already born or not, the Court may, at the same
    time or at any time thereafter, make a maintenance order in favour
    of the child against the person so adjudged to be the father thereof.

Maintenance of Children.

  1. (1.) The High Court may make a maintenance order against
    the father of any child in favour of that child if the Court is satisfied
    that the father has failed or intends to fail to provide that child with
    adequate maintenance.

(2.) When the father and child are living apart from each other,
and the Court is satisfied that there is reasonable cause for the child
continuing so to live apart from the father, the father shall not be
deemed to have made provision for the adequate maintenance of the
child merely by reason of the fact that he is ready and willing to
support the child if and so long as the child lives with him.

  1. (1.) The High Court may make a maintenance order in
    favour of a child against the mother of that child if satisfied that
    the mother is of sufficient ability in that behalf and has failed or
    intends to fail to make provision for the adequate maintenance of
    that child.

(2.) When the mother and child are living apart from each
other, and the Court is satisfied that there is reasonable cause for the
child continuing so to live apart from the mother, the mother shall
not be deemed to have made provision for the adequate maintenance
of the child merely by reason of the fact that she is ready and willing
to support the child if and so long as the child lives with her.

Maintenance of Wives and Husbands.

  1. (1.) The High Court may make a maintenance order against
    a husband in favour of his wife if the Court is satisfied that the
    husband has failed or intends to fail to provide his wife with
    adequate maintenance.

(2.) Unless the Court is satisfied that the wife is a destitute
person, no maintenance order shall be made against the husband if
it is proved that he is not of sufficient ability to contribute to her
maintenance.

(3.) When the husband and wife are living apart from one
another and the wife has, in the opinion of the Court, reasonable
cause for refusing or failing to live with her husband, the husband
shall not be deemed to have provided her with adequate maintenance
merely by reason of the fact that he is ready and willing to support
her if and so long as she lives with him.

  1. (1.) The High Court may make a maintenance order against
    a married woman in favour of her husband if satisfied that the hus-
    band is a destitute person and that his wife is of sufficient ability to
    contribute to his maintenance.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 51


NZLII PDF NZ Gazette 1920, No 51





✨ LLM interpretation of page content

🌏 Samoa Maintenance and Affiliation Order, 1920 (continued from previous page)

🌏 External Affairs & Territories
1 April 1920
Legislation, Order in Council, Maintenance, Affiliation, Samoa, High Court