222860-1935-Supplementary-Draft-Bills--Separation-and-Maintenance-Orders — Page 8

1893

A BILL

[No. 34-14.10.35.-1.]

INTITULED

An Ordinance to amend the law relating to the custody of

infants.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Infants Custody Short title. Ordinance, 1935.

as to

of infants.

2. (1) The court, upon the application of the father or Court may the mother of any infant, and whether or not the mother is make orders then residing with the father, may make such order as it custody and may think fit regarding the custody of such infant and the maintenance right of access thereto of either parent, having regard to the 49 & 50 Vict.

and welfare of the infant, and to the conduct of the parents, c. 27, s. 5; to the wishes as well of the mother as of the father, and may further order that the father shall pay to the mother towards the maintenance of the infant such weekly or other periodical sum as the court, having regard to the means of the father, may think reasonable.

(2) No such order, whether for custody or maintenance, shall be enforceable and no liability shall accrue while the mother resides with the father, and any such order shall cease to have effect if for a period of three months after it is made the mother of the infant continues to reside with the father.

order

(3) The court may alter, vary or discharge any made under sub-section (1) on the application of either parent, or, after the death of either parent, of any guardian of the infant, and in every case may make such order respecting the costs of the mother and the liability of the father for the same or otherwise as to costs as the court may think just.

15 & 16 Geo. 5, c. 45, s. 3;

18 & 19 Geo.

5, c. 26, s. 16.

infant in case of

deed

3. No agreement contained in any separation deed made Custody of between the father and mother of an infant shall be held to be invalid by reason only of its providing that the father of separation such infant shall give up the custody or control thereof to between the mother:

father and mother.

c. 12, s. 2.

Provided that no court shall enforce any such agreement 36 & 37 Vict. if the court is of opinion that it will not be for the benefit of the infant to give effect thereto.

an Enforcement

4. (1) Any person for the time being under of orders obligation to make payments in pursuance of any order for for payment the payment of money under this Ordinance shall give notice of money. of any change of address to such person, if any, as may be 15 & 16 Geo.. specified in the order, and any person failing without reason- 5, c. 45, able excuse to give such a notice shall be liable on summary conviction to a fine not exceeding fifty dollars.

s. 8.