1972-HKRS28-16-20_Part04 — Page 3

Orders for custody and maintenance on application of parent. 1976 2. 3, 1. 9.

Orders for custody and maintenance where perso0

is guardian

to exclusion

of surviving

parent.

1971 c. 3. 1. 10.

(2) The guardian shall account to the minor for any rents, profits or income received by him under subsection (1).

PART IV

ORDERS FOR CUSTODY AND MAINTENANCE

11. (1) The court may, on the application of a parent of a minor (who may apply without next friend), make such order regarding

(a) the custody of the minor; and

(b) the right of access to the minor of either parent,

as the court thinks fit having regard to the welfare of the minor and to the conduct and wishes of the parents.

(2) Where the court makes an order under subsection (1) giving the custody of the minor to the mother, the court may make a further order requiring the father to pay to the mother such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the father.

(3) An order may be made under subsection (1) or (2) nol- withstanding that the parents of the minor are then residing together, but-

(4) no such order shall be enforceable, and no liability thereunder shall accrue, while they are residing together, and

(b) any such order shall cease to have effect if for a period of three months after it is made they continue to reside together.

(4) An order under subsection (1) or (2) may be varied or discharged by a subsequent order made on the application of either parent or (in the case of an order under subsection (I)) after the death of either parent on the application of any guardian under this Ordinance.

12. (1) Where the court makes an order under section 6(3)(6)ii) that a person shall be the sole guardian of a minor

to the exclusion of his surviving parent, the court may-

(a) make such order regarding-

(1) the custody of the minor: and

(i) the right of access to the minor of bis surviving parent,

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as the court thinks fit, having regard to the welfare of the minor; and

(b) make a further order requiring the surviving parent to pay to the guardian such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the surviving pareot.

(2) The powers conferred by subsection (1) may be exercised at any time and include power to vary or discharge any order previously made under those powers.

13. The powers of the court under section 9 shall, where one of the joint guardians is the surviving parent of the minor, include power-

(a) to make such order regarding—

(i) the custody of the minor; and

(fi) the right of access to the minor of his surviving parent,

as the court thinks fit having regard to the welfare of the minor;

(b) to make an order requiring the surviving parent to pay such weekly or other periodical sum towards the main- tenance of the minor as the court thinks reasonable baving regard to the means of the surviving parent;

(c) to vary or discharge any order previously made under

that section.

14. (1) Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money under this Ordinance shall within fourteen days of a change of address give notice of his new address to such person, if any, as may be specified in the order.

(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.

15. (1) Where a maintenance order has been made and there is any pension or income capable of being attached payable to the person against whom the order is made, the court may

(a) after giving the person an opportunity of being heard;

and

Orders for custody and maintenance where joint guardians disagree.

1971 2. 3. 4 15.

Person subject

to maintenance order to notify change of address.

1971 2 1, L 1342)

Altachment of

pension ar satisfy order.

income to