Duration of order.
1957 £ $5. LË
Continuance of payments in certain pasca,
1957. 55, 1. 10), (3) 4 (1).
Revocation, variation and revival of
order.
12 190 & 1$.
Putative father
to notify change of address.
1957 € 53. $. 9.
Attachment of
pension or
income to
satisfy order.
1937 4. 35. K. 10. (Cup. #9)
Subject to the provisions of this Ordinance, an affiliation order shall not, except for the purpose of recovering moncy pre- viously due under the order, be of any validity after the child bas attained the age of sixteen years or has died.
9. (1) If, on the application of the mother or custodian of a child, it appears to the court that the child is or will be engaged in a course of education or training after attaining the age of sixteen years, or that the child is suffering from a mental or physical disability, and that it is therefore expedient for pay- ments to be made under the order after the child attains that age. then subject to subsections (2) and (3) the court may by order direct that payments be so made for such period not exceeding two years from the date of the order as may be specified in the order.
(2) Subject to subsection (3), the period specified in an order made under subsection (1) may from time to time be extended by a subsequent order so made, but shall not in any case extend beyond the date when the child attains the age of twenty-one years.
(3) Notwithstanding section 8. the power under section 10 to revive or vary an affiliation order shall include power to revive or vary it in accordance with this section.
10. Where the court has made an affiliation order, it may by order, on an application by the mother, the custodian or the putative father of an illegitimate child revoke, revive or vary the order.
11. (1) If a person against whom an affiliation order has been made changes his address, he shall within fourteen days--
(a) where he is required by the order to make any payment into court, give notice of the change to the registrar of the court; and
(b) where he is required by the order to make any payment to the mother or custodian, give notice of the change to the person entitled to receive such payment.
(2) Any person who fails without reasonable excuse to give a notice which he is required by subsection (1) to give shall be guilty of an offence and shall be liable on conviction to a fine of five hundred dollars.
12. Where an affiliation order has been made against a person and there is payable to him any pension or income which is capable of being attached, the court may, notwithstanding the provisions of the Pensions Ordinance and of any other Ordinance
(a) after giving the person an opportunity of being heard;
and
5
(b) on being satisfied that the person has without reasonable cause failed to make any payments which he is required
by the order to make,
order the pension or income to be attached as to the whole or part of the amount payable under the affiliation order and the amount attached to be paid to the person named by the court.
(2) An order under this section shall be an authority to the person by whom the pension or income is payable to make the payment in accordance with the order, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the payer.
13. (1) A sum ordered to be paid under an affiliation order shall be recoverable as a civil debt.
(2) If an application is made to the court alleging that default bas been made in paying a stum ordered to be paid under an affiliation order, the court may, if it considers the circumstances require it, for the purpose of securing the presence of the person alleged to be in default, issue a warrant to arrest him and bring him before the court, whether or not a summons has been issued previously,
14. On the hearing of an application for the enforcement, revocation, revival, variation or discharge of an affiliation order, the court may remit the whole or any part of the amount due under the order.
15. (1) If the court is satisfied that-
(a) the mother of an illegitimate child is not a fit and proper
person to have custody of that child; or
(b) the mother has died or become of unsound mind or is
in prison,
the court may, at the time of making an affiliation order or there- after appoint (with his consent) some person other than the mother as custodian of the child.
(2) The appointment of a custodian under this section may be made on the application of the Director of Social Welfare. or of any person authorized in that behalf by the Director in writing either generally or specially, or of the putative father, or of the mother, and such an appointment may be revoked and another person appointed as custodian.
(3) When making an order appointing a custodian under this section, the court may order the child to be delivered by the person in whose custody the child is to the custodian.
Enforcement of order.
let. 1932 c. $9. * 74.1
Power lo remit arrears.
Jer. 1912 a $3. 1. 76.1
Power to appoint custodian of child,
kl 1957 v. 35. (504)||