Children Law, 2003 PARENTAL RESPONSIBILITY

CAYMAN ISLANDS Children Law, 2003 PARENTAL RESPONSIBILITY AGREEMENT REGULATIONS, 2012 (SL 72 of 2012) Supplement No. 11 published with Extraordinary Gazette No. 125 dated 13th December, 2012. PUBLISHING DETAILS Page 2 SL 72 of 2012 c Parental Responsibility Agreement Regulations, 2012 Arrangement of Regulations CAYMAN ISLANDS Children Law, 2003 PARENTAL RESPONSIBILITY AGREEMENT REGULATIONS, 2012 (SL 72 of 2012) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................5 2. Form of parental responsibility agreement .................................................................................5 3. Independent legal advice ...........................................................................................................5 4. Filing of parental responsibility agreement .................................................................................5 SCHEDULE 7 c SL 72 of 2012 Page 3 Parental Responsibility Agreement Regulations, 2012 Regulation 1 CAYMAN ISLANDS Children Law, 2003 PARENTAL RESPONSIBILITY AGREEMENT REGULATIONS, 2012 (SL 72 of 2012) The Governor in Cabinet, in exercise of the powers conferred by section 6(2) of the Children Law, 2003, hereby makes the following Regulations — 1. Citation 1. These Regulations may be cited as the Parental Responsibility Agreement Regulations, 2012. 2. Form of parental responsibility agreement 2. A parental responsibility agreement shall be made in the form set out in the Schedule. 3. Independent legal advice 3. The parties to a parental responsibility agreement shall be given the opportunity to seek independent legal advice before affixing their signature to the agreement. 4. Filing of parental responsibility agreement 4. (1) A parental responsibility agreement shall be recorded by the filing of the agreement, together with sufficient copies thereof for each person with parental responsibility for the child, in the Grand Court. (2) Upon the filing of documents under paragraph (1), the Clerk of the Court shall seal the copies and send one to each person with parental responsibility for the child. c SL 72 of 2012 Page 5 Regulation 4 Parental Responsibility Agreement Regulations, 2012 (3) The record of an agreement under paragraph (1) shall be made available, during office hours, for inspection by any person upon — (a) written request to the Clerk of the Court; and (b) payment of a fee of twenty-five dollars. Page 6 SL 72 of 2012 c Parental Responsibility Agreement Regulations, 2012 SCHEDULE SCHEDULE (Regulation 2) Form 1 Parental Responsibility Agreement Section 6(1)(b) of the Children Law, 2003 Keep this form in a safe place Date recorded at the Grand Court Read the notes on the other side before you make the agreement This is a parental responsibility agreement regarding- The Child Full Name____________________________________________ __________ __________________________ Boy or Girl Date of birth Between The Mother Full Name____________________________________________ Address______________________________________________ And The Father Full Name____________________________________________ Address______________________________________________ We declare that we are the mother and father of the above named child and we agree that the child’s father shall have parental responsibility for the child (in addition to the mother having parental responsibility) ______________________________ _______________________________ Signed (Mother) Signed (Father) ______________________________ _______________________________ Date Date Certificate of Witness The following evidence of identity was The following evidence of identity was produced by the person signing above. produced by the person signing above. ______________________________ ______________________________ Signed in the presence of: Signed in the presence of: Name of witness Name of witness ______________________________ ______________________________ Address Address c SL 72 of 2012 Page 7 SCHEDULE Parental Responsibility Agreement Regulations, 2012 ______________________________ ______________________________ Signature of witness Signature of witness ______________________________ ______________________________ Justice of the Peace/ Notary Justice of the Peace/ Notary Public/Clerk of the Court Public/Clerk of the Court Notes about the Parental Responsibility Agreement Read these notes before you make the Agreement. About the Parental Responsibility Agreement: The making of this agreement will affect the legal position of the mother and the father. You should both seek legal advice before you make the Agreement. When filling in the Agreement: Please use black ink (the agreement will be copied). Put the name of one child only. If the father is to have parental responsibility for more than one child, fill in a separate form for each child. Do not sign the Agreement. When you have filled in the Agreement: Take the agreement to a Justice of the Peace or a Notary Public who will witness your signature and sign the certificate of the witness. If no Justice of the Peace or Notary Public is available, then the Clerk of the Court may witness your signature. An attorney- at-law cannot witness your signature. To the mother: When you make the declaration you will have to prove that you are the child’s mother, so take to the Grand Court the child’s full birth certificate. You will also need evidence of your identity showing a photograph and signature (for example, a driver’s licence, passport or voters identification). Please note that the child's birth certificate will not be accepted as sufficient proof of your identity. To the father: You will need evidence of your identity showing a photograph and signature (for example, a driver’s licence, passport or voters identification) and proof of your parental status. When the Certificate has been signed and witnessed: Make 2 copies of the Agreement form. You do not need to copy these notes. Take, or send, this form and the copies to the Grand Court. The Clerk of the Court will record the Agreement and keep this form. The copies will be stamped and sent back to each parent at the address on the Agreement. The Agreement will not take effect until it has been received and recorded at the Grand Court. Ending the Agreement: Once a parental responsibility agreement has been made it can only end- Page 8 SL 72 of 2012 c Parental Responsibility Agreement Regulations, 2012 SCHEDULE (a) by an order of the court made on the application of any person who has parental responsibility for the child; (b) by an order of the court made on the application of the child with permission of the court; or (c) when the child attains the age of eighteen. c SL 72 of 2012 Page 9 SCHEDULE Parental Responsibility Agreement Regulations, 2012 Form 2 Step-Parental Responsibility Agreement Section 4A(1)(a) of the Children Law, 2003 Keep this form in a safe place Date recorded at the Grand Court Read the notes on the other side before you make the agreement This is a Step-Parental Responsibility Agreement regarding- The Child Full Name____________________________________________ __________ __________________________ Boy or Girl Date of birth Between Parent A Full Name____________________________________________ Address ____________________________________________ ____________________________________________ And The other parent (with parental responsibility)* Full Name____________________________________________ Address ____________________________________________ ____________________________________________ And The step-parent Full Name____________________________________________ Address ____________________________________________ ____________________________________________ We declare that we are the parents and step-parent of the above named child and we agree that the above mentioned step-parent shall have parental responsibility for the child (in addition to those already having parental responsibility) Signed (Parent A) Signed (Other Parent) Signed (Step-Parent) ____________________ ___________________ ___________________ Date Date Date ____________________ ___________________ ___________________ The following evidence The following evidence The following evidence Page 10 SL 72 of 2012 c Parental Responsibility Agreement Regulations, 2012 SCHEDULE of identity was produced of identity was produced of identity was by the person signing by the person signing produced by the person above. above. signing above. ____________________ ___________________ ___________________ Signed in the presence Signed in the presence Signed in the presence of: Name of Witness of: Name of Witness of: Name of Witness ____________________ ____________________ ___________________ Address Address Address Signature of Witness Signature of Witness Signature of Witness ____________________ ____________________ ___________________ Justice of the Peace/ Justice of the Peace/ Justice of the Peace/ Notary Public/Clerk of Notary Public/Clerk of Notary Public/Clerk of the Grand Court the Grand Court the Grand Court * If there is only one parent with parental responsibility please delete this section. Notes about the Step-Parent Parental Responsibility Form: Read these notes before you make the Agreement About the Step-Parent Parental Responsibility Agreement: The making of this agreement will affect the legal position of the parent(s) and the step- parent. You should seek legal advice before you make the Agreement. When filling in the Agreement: Please use black ink (the agreement will be copied). Put the name of one child only. If the step-parent is to have parental responsibility for more than one child, fill in a separate form for each child. Do not sign the agreement. When you have filled in the Agreement: Take the agreement to a Justice of the Peace or a Notary Public who will witness your signature and sign the certificate of the witness. If no Justice of the Peace or Notary Public is available, then the Clerk of the Court of the Grand Court may witness your signature. An attorney-at-law cannot witness your signature. To Parent A and the other Parent with parental responsibility: c SL 72 of 2012 Page 11 SCHEDULE Parental Responsibility Agreement Regulations, 2012 When you make the declaration you will have to prove that you have parental responsibility for the child. You should therefore take with you to the court one of the following documents: (a) the child’s full birth certificate; (b) a marriage certificate to show that the parents were married to each other at the time of birth or subsequently; (c) a court order granting parental responsibility; (d) a registered Parental Responsibility Agreement Form between the child’s mother and father. You will also require evidence of your (both parents’) identity showing a photograph and signature (for example, a driver’s licence, passport or voters identification). (Please note that the child’s birth certificate cannot be accepted as sufficient proof of your identity.) To the step-parent: When you make the declaration you will have to prove that you are married to a parent of the child, so take to the court your marriage certificate. You will also need evidence of your identity showing a photograph and signature (for example, a driver’s licence, passport or voters identification). When the certificate has been signed and witnessed: Make sufficient copies of the Agreement Form for each person who has signed the form. You do not need to copy these notes. Take, or send, the original form and the copies to the Grand Court. The Court will record the agreement and retain the original form. The copies will be stamped with the seal of the court and sent back to every person with parental responsibility who has signed the Agreement Form and to the step-parent. The Agreement will not take effect until it has been received and recorded at the Grand Court. Ending the Agreement: Once a step-parent parental responsibility agreement has been made it can only end: (a) by an order of the court made on the application of any person who has parental responsibility for the child; (b) by an order of the court made on the application of the child with permission of the court; or (c) when the child reaches the age of eighteen. Page 12 SL 72 of 2012 c Parental Responsibility Agreement Regulations, 2012 SCHEDULE Made in Cabinet on the 28th day of August, 2012. Kim Bullings Clerk of the Cabinet. Laid in the Legislative Assembly on the 5th day of November, 2012, in accordance with section 95(2) of the Children Law, 2003. Zena Merren-Chin Clerk of the Legislative Assembly. c SL 72 of 2012 Page 13