1972-HKRS28-16-20_Part03 — Page 8

Orders for custody and education of

children

affected by matrimonial suits.

1970 6, 43, 1. 18.

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19. (1) The court may make such order as it thinks fit for the custody and education of any child of the family who is under the age of twenty-one-

(a) in any proceedings for divorce, nullity of marriage or judicial separation, before, by or after the final decree;

(6) where such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal;

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.

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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.

Orders for custody of shildren in cases of neglect

to maintain 1970 c. 45, 1. 19.

Abolition of

21. No person shail after the commencement of this Ordin- ance be entitled to petition the court for restitution of conjugal right to claim rights.

22. (1) An order made, or deemed to have been made. under section 28(1)(a) or (b) of the Matrimonia! Causes Ordinance shall, notwithstanding anything in the order, cease to have effect on the remarriage after the commencement of this Ordinance of the person in whose favour the order was made, except in relation to any arrears due under it on the date of such remarriage.

(2) An order for the payment of alimony made, or deemed 10 have been made, under section 32 of the Matrimonial Causes Ordinance, and an order made, or deemed to have been made, under section 33 or 34 of that Ordinance, shall, if the marriage of the parties to the proceedings in which the order was made was or is subsequently dissolved or annulled but the order continues in force, cease to have effect on the remarriage after the commence- ment of this Ordinance of the party in whose favour the order was made, except in relation to any arrears due under it on the date of such remarriage.

23. (1) Where—

(a) an order to which this section applies has ceased to have effect by reason of the remarriage of the person entitled to payments under the order, and

(b) the person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of such remarriage in the mistaken belief that the order was still subsisting.

no proceedings in respect of a cause of section arising out of the circumstances mentioned in paragraphs (a) and (b) shall be main-

restitution of conjugal rights. 1990 c. 45, x, 20.

Order for maintenance of party [p marriage under Matrimonial Causes Ordin- ance to Grase to have effect on remarriage of that party. 1970 2. 45. ↑ 11. (Cap. 179.

Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage.

1900 c. 45. 1. 22.