1972 Ed.] Matrimonial Proceedings and Property
[CAP. 192
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and in any case in which the court has power by virtue of this subsection to make an order in respect of a child it may instead, if it thinks fit, direct that proper proceedings be taken for making the child a ward of court.
(2) Where an order in respect of a child is made under this section, the order shall not affect the rights over or with respect to the child of any person, other than a party to the marriage in question, unless the child is the child of one or both of the parties to that marriage and that person was a party to the proceedings on the application for an order under this section.
(3) Where the court makes or makes absolute a decree of divorce or makes a decree of judicial separation, it may include in the decree a declaration that either party to the marriage in question is unfit to have the custody of the children of the family.
(4) Where a decree of divorce or of judicial separation contains such a declaration as is mentioned in subsection (3), then, if the party to whom the declaration relates is a parent of any child of the family, that party shall not, on the death of the other parent, be entitled as of right to the custody or the guardianship of that child.
(5) While the court has power to make an order in any proceedings by virtue of paragraph (a) of subsection (1), it may exercise that power from time to time; and where the court makes an order by virtue of paragraph (b) of that subsection with respect to a child it may from time to time until that child attains the age of twenty-one make a further order with respect to his custody and education.
(6) The court shall have power to discharge or vary an order made under this section or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.
20. (1) Where the court makes an order under section 8, the court shall also have power from time to time to make such orders as it thinks fit with respect to the custody of any child of the family who is for the time being under the age of twenty-one; but the power conferred by this section and any order made in exercise of that power shall have effect only as respects any period when an order is in force under that section and the child is under that age.
(2) Section 19(2) and (6) shall apply in relation to an order made under this section as they apply in relation to an order made under that section.
21. No person shall after the commencement of this Ordinance be entitled to petition the court for restitution of conjugal rights.
Orders for custody of children in cases of neglect to maintain.
1970 c. 45, s. 19.
Abolition of right to claim restitution of conjugal rights. 1970 c. 45, s. 20.
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