Home›Law Series›Family law

Family law

Papua New Guinea recognises two kinds of marriage — customary marriage under custom, and statutory marriage under the Marriage Act. Both are legally valid, but which one you have decides how a divorce works, what the court can order about children and property, and whether the Village Court or the National Court deals with it. Two hundred questions and answers across the Marriage Act, the Matrimonial Causes Act and Rules 2022, the Lukautim Pikinini Act 2015, the Adoption of Children Act and the Adultery and Enticement Act 1988.

Also in this topic: the adoption series

A ten-part plain-language introduction to adoption in Papua New Guinea, written before this series and kept here alongside it.

Papua New Guinea recognises two valid forms of marriage - customary marriage under the Marriage Act Part II, and statutory marriage solemnised under Part V - and several overlapping sets of rules about children. A family law answer that is right in one province can be wrong in the next, so these guides are explicit about where custom takes over. The series works through seven statutes in plain language: the Marriage Act (Chapter 280), the Matrimonial Causes Act (Chapter 282), the Lukautim Pikinini Act 2015, the Adoption of Children Act (Chapter 275), the Married Women's Property Act (Chapter 281) and the Adultery and Enticement Act 1988.

Marriage: the two valid forms

What marriage is in Papua New Guinea, customary marriage under Part II of the Marriage Act, statutory marriage, the protection of women in section 5, and how the two systems interact.

No. 1

What Are the Two Kinds of Marriage in PNG?

The two valid forms of marriage in Papua New Guinea under the Marriage Act (Chapter 280), how they differ, and how they interact.

Read the answer →
No. 2

What Is a Customary Marriage?

Section 3 of the PNG Marriage Act (Chapter 280): customary marriage, how custom is proved, and what makes such a marriage valid.

Read the answer →
No. 5

Is a Customary Marriage Recognised for All Purposes?

Section 3(2) of the PNG Marriage Act (Chapter 280): the full recognition of customary marriage and what it means across the rest of the law.

Read the answer →
No. 6

Can You Have a Customary and a Statutory Marriage?

Section 71(8) of the PNG Marriage Act (Chapter 280): combining a customary marriage with a statutory ceremony, and the bar on marrying two different people.

Read the answer →
No. 7

What Does the Marriage Act Mean by “Native”?

The undefined term “native” in section 3 of the PNG Marriage Act (Chapter 280), its origin, and how it falls to be read today.

Read the answer →
No. 8

Can a Couple Have a Second Marriage Ceremony?

Section 71 of the PNG Marriage Act (Chapter 280): the prohibition on second ceremonies and the four exceptions, including the doubt procedure and religious ceremonies.

Read the answer →
No. 9

How Do I Prove a Marriage in PNG?

How to prove a marriage in Papua New Guinea: certificates and judicial notice under the Marriage Act, and proving a customary marriage by evidence.

Read the answer →
No. 10

Is Polygamy Legal in PNG?

Polygamy in Papua New Guinea: customary polygamous marriage, the statutory bar in sections 17 and 57 of the Marriage Act, and where the two systems collide.

Read the answer →
No. 11

What Is Bride Price in PNG Law?

Bride price in Papua New Guinea law: its place in customary marriage, its role in proof, its treatment on dissolution, and its limits.

Read the answer →
No. 12

What Happens to Marriages That Took Place Before the Act?

Section 2 of the PNG Marriage Act (Chapter 280): the commencement date of 21 January 1965 and the position of earlier marriages.

Read the answer →

Dissolution of marriage

The grounds for dissolution in section 17, desertion and constructive desertion, separation, adultery, cruelty, the three-year rule, condonation and collusion, discretionary bars, damages and re-marriage.

No. 46

What Is a Matrimonial Cause?

Section 1 of the PNG Matrimonial Causes Act (Chapter 282): what a matrimonial cause is, which court hears one, and the customary marriage exclusion in section 4.

Read the answer →
No. 48

What Is Adultery as a Ground for Divorce?

Section 17(a) of the PNG Matrimonial Causes Act (Chapter 282): adultery as a ground for dissolution, joinder of the adulterer, and the bars that apply.

Read the answer →
No. 49

What Is Desertion as a Ground for Divorce?

Section 17(b) of the PNG Matrimonial Causes Act (Chapter 282): desertion, its elements, the two-year period, and the extensions in sections 19 and 20.

Read the answer →
No. 50

What Is Constructive Desertion?

Section 18 of the PNG Matrimonial Causes Act (Chapter 282): constructive desertion, its two elements, and why intention is irrelevant.

Read the answer →
No. 52

What Is Separation as a Ground for Divorce?

Sections 17(m) and 25 of the PNG Matrimonial Causes Act (Chapter 282): the separation ground, the five-year period, and the six qualifications in section 25.

Read the answer →
No. 53

Can I Divorce for Habitual Drunkenness?

Section 17(f) of the PNG Matrimonial Causes Act (Chapter 282): habitual drunkenness and drug intoxication as a ground for dissolution.

Read the answer →
No. 55

Can I Divorce for Unsoundness of Mind?

Sections 17(l) and 24 of the PNG Matrimonial Causes Act (Chapter 282): unsoundness of mind as a ground for dissolution, and the conditions that must persist to the hearing.

Read the answer →
No. 60

What Are Condonation, Connivance and Collusion?

Sections 27 and 28 of the PNG Matrimonial Causes Act (Chapter 282): the absolute bars of condonation, connivance and collusion.

Read the answer →
No. 61

What Are the Discretionary Bars to Divorce?

Section 29 of the PNG Matrimonial Causes Act (Chapter 282): the four discretionary bars, how they differ from the absolute bars, and how the discretion is exercised.

Read the answer →

Jurisdiction, procedure and evidence

Which court has jurisdiction, reconciliation and marriage guidance, instituting proceedings, decree nisi and decree absolute, intervention, evidence, restrictions on publication, costs and vexatious proceedings.

Children: rights, principles and institutions

The objectives and principles of the Lukautim Pikinini Act 2015, the rights of the child, the duty to maintain a child, parental responsibility, and the Office, Council and Committees that administer the Act.

No. 101

What Is the Lukautim Pikinini Act 2015?

An overview of the PNG Lukautim Pikinini Act 2015: what it repealed, what it established, its fifteen Parts, and how it fits with the Constitution and other family legislation.

Read the answer →
No. 102

What Are the Principles of the Lukautim Pikinini Act?

Sections 4 and 5 of the PNG Lukautim Pikinini Act 2015: the objectives of the Act, the fifteen interpretive principles, the child’s right to participate and the duty to maintain.

Read the answer →
No. 103

What Rights Does a Child Have in PNG?

Sections 6 and 7 of the PNG Lukautim Pikinini Act 2015, the constitutional rights of children, and the rights recognised in the Convention on the Rights of the Child.

Read the answer →
No. 104

Who Must Maintain a Child in PNG?

Section 8 of the PNG Lukautim Pikinini Act 2015: the duty to maintain a child, the six things a child is entitled to, and how the duty is enforced.

Read the answer →
No. 105

What Is Parental Responsibility in PNG?

Section 9 of the PNG Lukautim Pikinini Act 2015: who holds parental responsibility, the four routes by which relatives may exercise it, and how it relates to custody and guardianship.

Read the answer →
No. 106

What Is the Office for Child and Family Services?

Sections 12 to 15 and 29 to 34 of the PNG Lukautim Pikinini Act 2015: the Office for Child and Family Services, its powers and functions, the register, and the Director.

Read the answer →
No. 107

What Is the National Child and Family Services Council?

Sections 16 to 23 of the PNG Lukautim Pikinini Act 2015: the composition, powers, functions, meetings and reporting duties of the National Child and Family Services Council.

Read the answer →
No. 108

What Do Provincial and District Child Committees Do?

Sections 24 to 28 of the PNG Lukautim Pikinini Act 2015: the Provincial Child and Family Services Councils and the District Child and Family Services Committees.

Read the answer →

Children in need of protection

The duty to report, investigation, search warrants and removal, emergency protection powers, abandoned and lost children, temporary custody, and the responsibilities of the Director.

No. 109

Who Is a Child in Need of Protection?

The definition of “child in need of protection” in section 2 of the PNG Lukautim Pikinini Act 2015, and what follows from a child falling within it.

Read the answer →
No. 110

Who Must Report Child Abuse in PNG?

Section 38 of the PNG Lukautim Pikinini Act 2015: the duty to report a child in need of protection, who is a mandatory reporter, and what happens on failure.

Read the answer →
No. 111

Am I Protected if I Report Child Abuse?

Section 39 of the PNG Lukautim Pikinini Act 2015: immunity for a person who reports a child in need of protection, and the limits of that protection.

Read the answer →
No. 112

What Happens if I Make a Malicious Report About a Child?

Section 40 of the PNG Lukautim Pikinini Act 2015: the offence of making a malicious child protection report, and how it differs from an honest report that turns out to be wrong.

Read the answer →
No. 113

How Is a Child Protection Report Investigated?

Section 42 of the PNG Lukautim Pikinini Act 2015: investigation procedures, the Safety Assessment, the Safety Placement Decision and confidentiality of the reporter.

Read the answer →
No. 114

Who Are Child Protection Officers?

Sections 35 to 37 of the PNG Lukautim Pikinini Act 2015: the appointment and powers of Child Protection Officers, and child protection volunteers.

Read the answer →
No. 115

When Can a Child Protection Warrant Be Issued?

Section 43 of the PNG Lukautim Pikinini Act 2015: the child protection search warrant, who may apply, the grounds, and the requirement that a Child Protection Officer accompany the search.

Read the answer →
No. 116

When Can a Child Be Removed From Home?

Section 44 of the PNG Lukautim Pikinini Act 2015: removal of a child to a place of safety, the child’s belongings, and the duty to provide medical or psychosocial support.

Read the answer →
No. 117

What Happens if a Child Is in Immediate Danger?

Sections 45 and 46 of the PNG Lukautim Pikinini Act 2015: the emergency protection powers, who may exercise them, the entry power and the 24-hour reporting duty.

Read the answer →
No. 118

What Is the Offence of Abandoning a Child?

Sections 47 and 48 of the PNG Lukautim Pikinini Act 2015: the offence of abandoning a child, and the rules about taking an abandoned child from a hospital nursery.

Read the answer →
No. 119

What Happens to a Lost or Runaway Child?

Section 49 of the PNG Lukautim Pikinini Act 2015: taking charge of a lost or runaway child, locating parents, the child who refuses to return, and mediation.

Read the answer →
No. 120

Must Parents Be Notified When a Child Is Taken?

Section 50 of the PNG Lukautim Pikinini Act 2015: the duty to notify parents when a child is removed, and the limits of that duty.

Read the answer →
No. 121

What Is Temporary Custody Under the Lukautim Pikinini Act?

Section 51 of the PNG Lukautim Pikinini Act 2015: temporary custody by the Office, the Director’s power to consent to health care, and when temporary custody ends.

Read the answer →
No. 122

What Are the Director’s Responsibilities for a Child in Care?

Section 52 of the PNG Lukautim Pikinini Act 2015: the Director’s general responsibilities for a child in temporary or permanent care, the six ways of providing care, and permanency.

Read the answer →

Child labour, prisons and childcare centres

Child labour and exposure, children of women in prison, licensing and inspection of early childhood care centres, and the general offences against children.

No. 123

What Is Child Labour Under PNG Law?

Section 54 of the PNG Lukautim Pikinini Act 2015: the offence of child labour, the liability of parents and employers, and the corporate penalty.

Read the answer →
No. 124

What Is the Offence of Exposure or Exhibition of a Child?

Section 53 of the PNG Lukautim Pikinini Act 2015: the definition of exposure or exhibition of a child, the approval requirement, and the offence.

Read the answer →
No. 125

Can a Child Live With a Mother in Prison?

Sections 56, 58 and 59 of the PNG Lukautim Pikinini Act 2015: children living in prison with their mothers, breastfeeding access, and access to a parent in prison.

Read the answer →
No. 126

What Happens to a Pregnant Woman in Prison?

Sections 57, 60 and 62 of the PNG Lukautim Pikinini Act 2015: the entitlements of a pregnant inmate, the offence of endangering the pregnancy, and pregnant and breastfeeding remandees.

Read the answer →
No. 129

What Standards Must a Childcare Centre Meet?

Sections 68 to 72 of the PNG Lukautim Pikinini Act 2015: minimum standards, staff qualifications, registers and daily logs, restrictions on removing a child, and inspection.

Read the answer →
No. 130

What Happens if a Childcare Centre Breaks Its Licence?

Sections 73 to 76 of the PNG Lukautim Pikinini Act 2015: non-compliance with licence conditions, the offence of operating an unlicensed place, notice of the death of a child, and service of notices.

Read the answer →
No. 131

What Offences Protect Children Under the Lukautim Pikinini Act?

Part XI of the PNG Lukautim Pikinini Act 2015, sections 78 to 86: the general offences protecting children and their penalties.

Read the answer →
No. 132

What Are Harmful Customary Practices Under PNG Law?

Section 80 of the PNG Lukautim Pikinini Act 2015: the offence of subjecting a child to a harmful social or customary practice, and how it fits with the constitutional recognition of custom.

Read the answer →

The Family Court and its orders

The establishment and jurisdiction of the Family Court, child protection hearings and orders, parenting orders and the best interests of the child, guardianship, affiliation proceedings, maintenance orders and appeals.

No. 133

What Is the Family Court in PNG?

Sections 87, 89 and 90 of the PNG Lukautim Pikinini Act 2015: the establishment of the Family Court, who sits in it, and the practice and procedure that applies.

Read the answer →
No. 134

What Jurisdiction Does the Family Court Have?

Section 88 of the PNG Lukautim Pikinini Act 2015: the six heads of Family Court jurisdiction, and what falls outside them.

Read the answer →
No. 135

How Do I Start Proceedings in the Family Court?

Sections 91 and 92 of the PNG Lukautim Pikinini Act 2015: instituting Family Court proceedings by complaint, the corroboration requirement, and summons or warrant.

Read the answer →
No. 136

What Happens at a Child Protection Hearing?

Sections 93 and 95 of the PNG Lukautim Pikinini Act 2015: the child protection hearing, the court’s own-initiative summons power, informal procedure and closed hearings.

Read the answer →
No. 137

What Must a Court Consider When Placing a Child?

Section 94 of the PNG Lukautim Pikinini Act 2015: the four placement considerations, and the duty to consider placement within the family or community before removal.

Read the answer →
No. 138

Can Family Court Proceedings Be Reported?

Section 96 of the PNG Lukautim Pikinini Act 2015: the offence of publishing information identifying a child in Family Court proceedings, and the closed-hearing provisions.

Read the answer →
No. 139

When Does a Court Find a Child in Need of Protection?

Section 97 of the PNG Lukautim Pikinini Act 2015: the finding at a child protection hearing, the mandatory return where no protection is needed, and consideration of the care plan.

Read the answer →
No. 140

What Is a Care Plan for a Child?

Section 98 of the PNG Lukautim Pikinini Act 2015: the care plan the Office must prepare, what it should address, and its enforcement under section 78(2)(b).

Read the answer →
No. 141

What Child Protection Orders Can a Court Make?

Sections 99 and 100 of the PNG Lukautim Pikinini Act 2015: temporary and permanent child protection orders, and allowances from the Child Protection Trust Fund.

Read the answer →
No. 142

What Is a Parenting Order in PNG?

Section 101 of the PNG Lukautim Pikinini Act 2015: parenting orders, who may apply for one, and how they differ from custody orders in a divorce.

Read the answer →
No. 144

What Are the Best Interests of the Child in PNG?

Section 103 of the PNG Lukautim Pikinini Act 2015: the primary and additional considerations in determining a child’s best interests, and the parallel list in section 5(3).

Read the answer →
No. 145

How Is a Guardian Appointed for a Child?

Section 104 of the PNG Lukautim Pikinini Act 2015: appointment of a guardian by the court or by deed or will, the guardian’s responsibilities, and removal.

Read the answer →
No. 146

What Are Affiliation Proceedings in PNG?

Sections 105 and 106 of the PNG Lukautim Pikinini Act 2015: affiliation proceedings for a child born outside marriage, who may complain, and what the complaint must state.

Read the answer →
No. 147

Who Pays Confinement Expenses for a Child?

Section 107 and the section 2 definition of confinement expenses in the PNG Lukautim Pikinini Act 2015: what they cover and how they are ordered.

Read the answer →
No. 148

How Do I Get a Maintenance Order for a Child?

Sections 108 and 109 of the PNG Lukautim Pikinini Act 2015: obtaining a child maintenance order and a maintenance order for a deserted spouse.

Read the answer →
No. 149

How Long Does a Child Maintenance Order Last?

Sections 110 to 112 of the PNG Lukautim Pikinini Act 2015: the duration of child and spousal maintenance orders, variation after 18, funeral expenses and the time limit.

Read the answer →

Adoption under the Adoption of Children Act

Who may be adopted and who may adopt, consents and dispensing with them, interim and final orders, the effect of an adoption order, recognition of foreign adoptions, customary adoption, and the offences.

No. 151

What Is the Adoption of Children Act?

An overview of the PNG Adoption of Children Act (Chapter 275): its seven Parts, the key definitions, and how statutory adoption sits alongside customary adoption.

Read the answer →
No. 152

Which Court Can Make an Adoption Order in PNG?

Section 2 of the PNG Adoption of Children Act (Chapter 275): the National Court’s exclusive adoption jurisdiction, and what the Family Court and Local Courts may do instead.

Read the answer →
No. 158

Who Must Be Notified of an Adoption Application?

Section 10 of the PNG Adoption of Children Act (Chapter 275): notice of an adoption application, the anonymity requirement, dispensation, and the court’s power to direct further notice.

Read the answer →
No. 159

Who Are the Parties to an Adoption Application?

Section 11 of the PNG Adoption of Children Act (Chapter 275): joinder of parties to an adoption application, the two permitted purposes, and the Director’s right to appear.

Read the answer →
No. 162

What Form Must a Consent to Adoption Take?

Sections 18 and 19 of the PNG Adoption of Children Act (Chapter 275): the prescribed form and authentication of a consent, and consents given under Australian law.

Read the answer →
No. 166

Who Is the Guardian of a Child Awaiting Adoption?

Section 23 of the PNG Adoption of Children Act (Chapter 275): the Director’s guardianship of a child awaiting adoption, when it begins, how it ends, and the one-year report.

Read the answer →
No. 167

What Is an Interim Adoption Order?

Sections 33 to 35 of the PNG Adoption of Children Act (Chapter 275): interim orders for custody pending an adoption, their duration and discharge.

Read the answer →
No. 169

How Does Adoption Affect Inheritance in PNG?

Sections 29 and 32 of the PNG Adoption of Children Act (Chapter 275): the effect of adoption on dispositions of property, the pre-1969 exceptions, and protection for trustees.

Read the answer →
No. 172

What Happens if an Adoption Application Is Refused?

Section 12 of the PNG Adoption of Children Act (Chapter 275): orders for the care and control of a child after an adoption application is refused.

Read the answer →
No. 174

What Is Adoption by Custom Under Part VI?

Part VI of the PNG Adoption of Children Act (Chapter 275), sections 52 to 58: adoption by custom, Local Court certificates, fosterage and guardianship, and appeals.

Read the answer →

Adultery and enticement

The Adultery and Enticement Act 1988: what counts as an act of adultery and as enticement, who may sue, time limits, defences, mediation, and how compensation is assessed and enforced.

No. 189

What Is the Adultery and Enticement Act 1988?

An overview of the PNG Adultery and Enticement Act 1988: its four Parts, the key definitions, and why Parliament legislated.

Read the answer →
No. 190

What Is an Act of Adultery Under PNG Law?

Sections 2 and 4(2) of the PNG Adultery and Enticement Act 1988: the definition of an act of adultery, the requirement that it be voluntary, and the single-act rule.

Read the answer →
No. 192

Who Can Bring an Action for Adultery?

Sections 4 and 5 of the PNG Adultery and Enticement Act 1988: who may bring an action for adultery or enticement, and against whom.

Read the answer →
No. 193

Can a Relative Bring an Action for Adultery?

Section 6 of the PNG Adultery and Enticement Act 1988: when a relative may bring an action on behalf of an aggrieved spouse, and the two alternative conditions.

Read the answer →
No. 195

Can Adultery and Enticement Actions Be Joined?

Section 8 of the PNG Adultery and Enticement Act 1988: hearing actions together, joining the other party to an act of adultery, and the effect on compensation.

Read the answer →
No. 196

What Defences Are There to an Adultery Action?

Section 9 of the PNG Adultery and Enticement Act 1988: the statutory defences of consent, forgiveness and reasonable belief, and the mandatory dismissal.

Read the answer →
No. 198

How Much Compensation Can Be Ordered for Adultery?

Sections 11 to 15 of the PNG Adultery and Enticement Act 1988: the compensation caps for adultery and enticement, and apportionment between defendants.

Read the answer →
No. 200

What Common Law Rights Did the Adultery Act Abolish?

Sections 21 and 22 of the PNG Adultery and Enticement Act 1988: the abolition of other compensation claims, the saving for pending actions, and the repeals.

Read the answer →
Check the law yourself

Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.