Custody
Custody generally concerns legal responsibility and authority for major decisions. Orders may be sole or joint depending on the child’s welfare and circumstances.
Child access, custody and care
Understanding custody and access in Jamaica
Learn what custody, care and control, guardianship and access mean and how a parent can ask the court for an arrangement.
Under Jamaican law, either parent may apply for custody and access. The court considers the child’s welfare, the parents’ conduct and both parents’ wishes. This does not create an automatic schedule or unrestricted access.
Official sources reviewed 18 September 2026. Next review due 18 March 2027.
Key terms
What do the terms mean?
Care and control
Care and control generally identifies the parent or person responsible for daily care and the child’s main living arrangements.
Access or visitation
Access concerns contact and time with a parent. It can cover regular visits, holidays, remote communication, transport, handovers and supervision.
Guardianship
Guardianship is legal responsibility for a child and can continue or be appointed in circumstances addressed by the Children (Guardianship and Custody) Act.
Common arrangements
Orders may combine joint or sole custody with one parent’s care and control and the other parent’s defined access. The court’s welfare assessment, not a fixed timetable, determines the arrangement.
The non-residential parent
What does the law allow?
Either parent may apply
A mother or father may apply for an order about custody and the access of either parent.
Welfare controls the decision
The court decides what order is appropriate after considering the child’s welfare and other factors required by law.
Orders can change
The court may alter, vary or discharge a custody or access order on a permitted application. An existing order remains important until changed.
Access may carry conditions
The facts may justify specific handovers, remote contact, supervision or other limits. Immediate protection concerns require urgent professional help.
Getting access
How can I seek or change access?
Read every current order
Identify exactly what custody, care and control, access, maintenance or protection arrangements already exist.
Propose a safe child-focused arrangement
Where appropriate, put a practical schedule in writing, including holidays, transport, handovers and communication.
Identify the relevant court
Use the Family Courts directory or contact the Parish Court serving your area to confirm where the application should begin.
Apply for custody, access or a variation
Ask court staff about the current documents, filing, service and hearing process. Obtain legal advice for disputed, urgent or complex matters.
Address non-compliance through the court
Keep a dated factual record and ask about enforcement or variation rather than ignoring the order.
Kingston and St Andrew Family Court
+1 876 922 0001 · +1 876 922 6183 · +1 876 922 7468
Use the official directory for other Family Courts or contact the relevant Parish Court.
Preparation
What should I organize?
- Birth certificate, identification and the child’s current address and school information.
- Existing custody, care and control, access, maintenance, guardianship and protection orders.
- A proposed schedule for normal weeks, holidays, transport, handovers and communication.
- A dated factual chronology of current care and access arrangements.
- Relevant health, education, childcare, travel and safety information.
Official sources
Where can I confirm current information?
Children (Guardianship and Custody) Act
Official legislation governing guardianship, custody and access.
Supreme Court frequently asked questions
Official explanations of custody applications and related court questions.
Family Courts directory
Official locations and telephone numbers for specialized Family Courts.