A 42
[Subsidiary]
Removal of district court order into High Court.
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(b) the discharge by consent of an injunction granted by a judge,
may be made to the registrar of the Supreme Court who may, if satisfied of the urgency of the matter and that it is expedient to do so, make any order on the application which a judge could have made.
91. (1) Any order made by a district court in matrimonial proceedings may, on an application made ex parte by affidavit by the person entitled to enforce the order, be removed into the High Court by direction of the registrar of the district court, if he is satisfied that the order cannot conveniently be enforced in the district court.
(2) Where an order is so removed, it shall have the same force and effect and the same proceedings may be taken on it as if it were an order of the High Court.
Custody, care and supervision of children.
L.N. 135/76.
L.N. 135/72.
APPLICATIONS RELATING TO CHILDREN
92. (1) Subject to paragraph (2), an application for an order relating to the custody or education of a child, or for an order providing for his supervision under section 48 of the Ordinance shall be made to a judge.
(2) An application by the petitioner or the respondent for-
(a) an order in terms agreed between the parties relating to the custody or education of a child, or
(b) access to a child where the other party consents to give access and the only question for determination is the extent to which access is to be given,
may be made to the registrar who may make such order on the application as he thinks fit or may refer the application or any question arising thereon to a judge for his decision.
(3) Without prejudice to the right of any other person entitled to apply for an order as respects a child, the guardian of any child of the family and any other person who, by virtue of an order of a court, has the custody or control of such a child or his care or supervision in pursuance of section 48 of the Ordinance may, without obtaining leave to intervene in the cause, apply by summons for such an order as is mentioned in paragraph (1).
(4) If on any application to a judge relating to a child there is a dispute as to the care and control of, or access to, the child, then, without prejudice to his powers under rules 39(5) and 41, the judge may refuse to admit any affidavit unless the party by whom or on whose behalf it was made is available at the hearing to give oral evidence and (where the cause or the application is proceeding in the High Court) a writ of subpoena to compel the attendance of a witness for the purpose of the application may issue in accordance.