Order for Custody an
Where perd
| guardian
pa Exclusion
et parvlvinar
PEICAL 1971 c. 3,
10
Order for
custody and Chiderantibe Where joint mada dieneres. 1971 c. 1. B. 1.
Jurisdiction and orders and Moplication under . 10. 1978. 29.
• 22.
1973 5. 29.
1. 231.
Provided that, unless the court in making the order directs otherwise, paragrapha (0) and (6) shall not apply to "any provision of the order giving the custody of the minor to a person other than one of the parents or made with respect to a minor of whom custody is so givenL
(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 after the death of either parent on the application of any guardian under this Ordinance, or (before or after the death of either parent) on the application of any other person having the custody of the minor by virtue of an order under subsection (1)
11. (1) Where the court makes an order under section 603X8Xin_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—
( the custody of the minor; and
(0) the right of access to the minor of his surviving parent, 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 sumi towards the main- tenance of the minor as the court thinks reasonable having regard to the means of the surviving parent.
(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.
12. The powers of the court under section 9 shall, whers 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
(ii) the right of access to the minor of his surviving parcal, as the court thinks fit having regard to the welfare of the minors (5) to make an order requiring the surviving parent to pay such weekly or other periodical sum towards the maintenance of the minor as the count thinks reasonable having regard to the means of the surviving parent;
(c) to vary or discharge any order previously made under that
section.
13. (1) Where an application made under section 10 relates to the custody of a minor under the age of 16, then subjeol to sections 14 and 15-
(a) if by an order made on that application any person is given the custody of the minor, but it appears to the court that there are exceptional circumstances making it desirable that the minor should be under the supervision of an independent person, the court may order that the minor shall be under the supervision of the Director of Social Welfare;
(b) if it appears to the court that there are exceptional circumstances. making it impracticable or undesirable for the minor to be calrusted to either of the parents or to any other individual, the court may commit the care of the minor to the Director of Social Welfare.
(2) Where the court makes an order under subsection (1)5) com- mitting the care of a minor to the Director of Social Welfare, the court
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5
may make a further order requiring the payment by either parent to the Director of Social Welfare while he has the care of the minor of such weekly or other periodical sum towards the maintenance of the minor es the court thinks reasonable having regard to the means of that parent,
(3) On an application under section 10 the court may, in any case 1973 6. 29, where it adjourns the bearing of the application for more than 7 days, 4. 241. make an interim order, to have effect onfil such date as may be specified in the arder and containing--
(a) provision for payment by either parent to the other, or to any person given the custody of the minor, of sach weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the parent on whom the requirement is imposed; and
(b) where by reason of special circumstances the court thinks it proper, any provision regarding the custody of the minor or the right of access to the minor of either of his parents,
but on Interim order under this aubsection shall not be made to have effect after the end of the 3 months beginning with the date of the order or of any previous interim order made under this subsection with respect to the application, and shall cease to have effect on the making of a final order or on the dismissal of the application.
(4) The District Court may also make such an interim order where 1973 a 29, under section 23(6) il refuses to make an order on an application under * 23. Section 10 on the ground that the matter is one that would more conven- iendly be dealt with by the High Court; bat an interim order under this subsection shall not be made so sa to bave effect after the end of the 3 months beginning with the date of the order.
14. (0) Ao order made by the court under section 13(1)a) (in this Addi section referred to as a "supervision order") shall cease to have effect prowlekang as when the minor attains the age of 16; and where a supervision order is co mupervision made at a time when the parents of the minor are residing together.
orders, 1973 G. 29.
(a) the order may direct that it is to cease to have effect if for a LIL
period of 3 months after it is made they continue to reside together; and
(b) the order (whether or not it includes a direction under paragraph (a)) may direct that it is not to operate while they are residing together.
(2) A supervision order may be varied or discharged by a subsequent 1973 e. 3, order made on the application of either parent or after the death of •. 10). either parent, on the application of any guardian under this Ordinance or (before or after the death of either parent) on the application of any other person having the custody of the miner by virtue of an order under section 10(1) or on that of the Director of Social Welfare when he has the supervision of the minor by virtue of the order.
al to order
15. (1) Before making an order under section 13(1)(b) committing Addoo] the care of a minor to the Director of Social Welfare, the court shall provialong inform the Director of the court's proposal to make the order and shall commit hear any representations from the Director, including any representations care of algor as to the making also of an order under section 13(2) for payments to the Director.
Director
of Social Wellate. 1903 4. 20. 1. $21.
(2) In relation to an order under section 1301X8) or to an order under 1973 c. 29. section 19(2) requiring payments to be made to the Director of Social -- 400). Welfare, sectious 10(3), (4), 19 and 20 shall apply as if the order under
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