s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

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In this Act —
"applicant" means any person who applies or on whose behalf an application is made for an order under this Act;
"charge" means an interest in land securing the payment of money or money's worth or the fulfilment of any condition, and includes a sub-charge and the instrument creating a charge;
"child" means any individual under the age of eighteen who has never been married or a party to a civil partnership and who is —
a child of both parties to a marriage or civil partnership;
a child (whether or not a child of either party to a marriage or a civil partnership) who is or has been living in the household residence as a member of the family;
a child of a man and a woman who, although not married to each other or in a civil partnership with each other, are living together or have lived together in the same household residence;
a child of two persons who, although not in a civil partnership with each other, are living together or have lived together in the same household residence;
a child (whether or not a child of the man and woman referred to in paragraph (c) or either of them, or whether or not a child of the two persons referred to in paragraph (d) or either of them) —
who is or has been a member of their household residence;
who resides in that household residence on a regular basis; or
of whom either the man or woman referred to in paragraph (c) or one of the two persons referred to in paragraph (d) is a guardian,
and includes an adopted child and a step-child;
"civil partner" has the meaning assigned by section 2 of the Civil Partnership Act, 2020 [Law 35 of 2020] and includes —
two persons who cohabit with each other as if they are in law each other's civil partner; and
a former civil partner where a civil partnership is dissolved or annulled;
"civil partnership" has the meaning assigned by section 2 of the Civil Partnership Act, 2020 [Law 35 of 2020];
"court" means the Grand Court or a court of summary jurisdiction;
"dependant" includes —
a member of the family of a respondent who is a person eighteen years of age or older and ordinarily resides or resides on a regular basis with the respondent and is reliant on the respondent for that person's welfare or maintenance; and
a person who, by reason of physical or mental disability, age or infirmity, is reliant on the respondent for that person's welfare or maintenance;
"dwelling house" means a building used or intended to be used mainly as a place of residence;
"electronic" means relating to technology and having electrical, magnetic, optical, electromagnetic, or similar capabilities, whether digital, analogue or otherwise;
"ex parte application" means an application made without notice to the respondent;
"household residence" means the dwelling house that is used habitually by a prescribed person and the respondent as the only or principal family residence together with any buildings or improvements appurtenant thereto and wholly or mainly used for the purposes of the household;
"member of the household residence" means a prescribed person who habitually resides in the same household residence as the respondent;
"occupation order" means an order made under section 10 and an interim order made under section 11;
"parent" means any person who is a parent or grandparent of a prescribed person or respondent and includes a step-parent or guardian;
"party to a marriage" means —
a man and a woman who are married to each other; or
a man and a woman who, although not married to each other, are living with each other in the same household residence as husband and wife;
"prescribed person" means the spouse, civil partner, parent, child or dependant of the respondent or any person who is a member of the household residence or is in a visiting relationship with the respondent;
"police officer" means a member of the Royal Cayman Islands Police Service;
"protection order" means an order made under section 5 and includes an interim order made under that section;
"public general holiday" has the meaning assigned by the Public Holidays Act (2007 Revision);
"respondent" means a person who is named in an application made pursuant to this Act;
"spouse" includes —
a woman who cohabits with a man as if she were in law his wife;
a man who cohabits with a woman as if he were in law her husband; and
a former spouse;
"tenancy order" means an order made under section 14 and an interim order made under section 15;
"tenant", in relation to a household residence, includes any person —
whose tenancy has expired or has been determined; and
who is for the time being deemed under or by virtue of any court order or law to be the tenant of the household residence;
"treatment programme" includes a programme designed to counsel the parties or rehabilitate behavioural issues; and
"visiting relationship" means a close personal relationship —
between two persons who do not share a common household residence; and
that is identifiable by virtue of its nature and intensity having regard to —
the amount of time that the persons spend together;
the place where that time is ordinarily spent;
the manner in which that time is ordinarily spent;
the duration of the relationship; and
the existence of a child (if any) of both parties.

Defined Terms

applicantchargechildcivil partnercivil partnershipcourtdependantdwelling houseelectronicex parte applicationhousehold residencemember of the household residenceoccupation orderparentparty to a marriageprescribed personpolice officerprotection orderpublic general holidayrespondentspousetenancy ordertenanttreatment programmevisiting relationship

Cross References