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intention aforesaid, made a disposition to which this paragraph applies, make such an order and give such directions as are mentioned in paragraph (6);
and an application for the purposes of paragraph (6) shall be made in the proceedings for the financial relief in question.
(2) Paragraphs (6) and (c) of subsection (1) apply respectively to a disposition made by the other party (whether before or after the commencement of the proceedings for financial relief) within the period of three years ending with the date of the application made for the purposes of the paragraph in question, not being a disposition made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any such intention as aforesaid on the part of the other party. (3) Where an application is made under this section with respect to a disposition or other transaction and the court is satisfied...
(a) in a case falling within paragraph (a) or (b) of subsection (1), that the disposition or other transaction would (apart from this section) have the consequence; or
(b) in a case falling within paragraph (c) of subsection (1), that
the disposition has had the consequence,
of defeating the applicant's claim for financial relief, the disposition shall be presumed, unless the contrary is shown, to have been made by the other party with the intention aforesaid.
(4) In this section—
"disposition" does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instru- ment or otherwise;
"property" has the same meaning as in section 38; and
"the relevant provisions of this Ordinance" means any of the provisions of the following enactments, that is to say, section 28, subsection (2) of section 29, subsection (1) of section 32, sections 33 and 34, and subsection (1) of section 28 as applied by section 31 and sub- section (2) of section 29 as applied by subsection (2) of section 32. and any reference to defeating an applicant's claim for financial relief is a reference to preventing financial relief from being granted to the applicant or reducing the amount of any financial relief which might be so granted, or frustrating or impeding the enforcement of any order which might be made at the instance of the applicant under the relevant provisions of this Ordinance.
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PART VII.
PROTECTION OF CHILDREN.
45. (1) Notwithstanding anything in this Ordinance but subject Restrictions to subsection (2), the court shall not make absolute a decree of divorce 29 decrees
for dissolu- or nullity of marriage or make a decree of judicial separation, unless on or it is satisfied as respects every relevant child who is under sixteen separation
affecting that
children.
(a) arrangements for his care and upbringing have been made and 1955, c. 72, are satisfactory or are the best that can be devised in the 9. 33. circumstances; or
(b) it is impracticable for the party or parties appearing before
the court to make any such arrangements,
(2) The court may if it thinks fit proceed without observing the requirements of subsection (1) if-
(a) it appears that there are circumstances making it desirable that the decree should be made absolute or should be made. as the case may be, without delay; and
(b) the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the children before the court within a specified time.
46. (1) Subject to subsection (6), the court may make sucb order Custody and as it thinks just for the custody, maintenance and education of any relevant child~~
(a) in any proceedings for divorce, nullity of marriage or judicial
separation, before, by or after the final decree;
maintenance
of children affected by matrimonial suits. 1965, c. 72,
(b) where such proceedings are dismissed after the beginning of 5. 34.
the trial, either forthwith or within a reasonable period after the dismissal;
(c) in any proceedings for restitution of conjugal rights, before the decree or, if the respondent fails to comply with the decres, after the decree.
and in any case in which the court has power by virtue of paragraph (a) to make an order in respect of a child it may instead, if it thinks fit, direct that proper proceedings be taken for placing the child under the protection of the court.
(2) Where the court makes or makes absolute a decrce of divorce or makes a decree of judicial separation, it may include in the decree a declaration that the parent by reason of whose misconduct the decree is made is unfit to have the custody of the children of the marriage: and the parent to whom the declaration relates shall not, on the death of the other parent, be entitled as of right to the custody or the guardian- ship of the children of the marriage.