6
CAP. 13]
Guardianship of Minors
[1986 Ed.
Orders for custody and
maintenance on application of either parent. 1973 c. 29, Sch. 2, Pt. II.
PART IV
Orders for CUSTODY AND MAINTENANCE
10. (1) The court may, on the application of either of the parents of a minor (who may apply without next friend) or the Director of Social Welfare, make such order regarding--- { Amended, 65 of 1986, s. 3)
(a) the custody of the minor; and
(b) the right of access to the minor of either of his parents,
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 any person (whether or not one of the parents), the court may make one or both of the following orders, that is to say- (Amended, 65 of 1986, s. 3)
(a) an order requiring payment to that person by the parent or either of the parents excluded from having that custody of such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of that parent; (Added, 65 of 1986, s. 3}
(b) an order requiring payment to that person by the parent or either of the parents excluded from having that custody of such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent. (Added, 65 of 1986, s. 3)
(3) An order may be made under subsection (1) or (2) notwithstanding that the parents of the minor are then residing together, but-
(a) 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 3 months after it is made they continue to reside together:
Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) 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 given.
(4) An order under subsection (1) or an order under subsection (2) (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) may be varied, discharged, suspended
*
6
CAP. 13]
Guardianship of Minors
[1986 Ed.
Orders for custody and
maintenance on application of either parent. 1973 c. 29, Sch. 2, Pt. II.
PART IV
Orders for CUSTODY AND MAINTENANCE
10. (1) The court may, on the application of either of the parents of a minor (who may apply without next friend) or the Director of Social Welfare, make such order regarding--- { Amended, 65 of 1986, s. 3)
(a) the custody of the minor; and
(b) the right of access to the minor of either of his parents,
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 any person (whether or not one of the parents), the court may make one or both of the following orders, that is to say- (Amended, 65 of 1986, s. 3)
(a) an order requiring payment to that person by the parent or either of the parents excluded from having that custody of such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of that parent; (Added, 65 of 1986, s. 3}
(b) an order requiring payment to that person by the parent or either of the parents excluded from having that custody of such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent. (Added, 65 of 1986, s. 3)
(3) An order may be made under subsection (1) or (2) notwith- standing that the parents of the minor are then residing together, but-
(a) no such order shall be enforceable, and no liability there-
under shall accrue, while they are residing together; and
(b) any such order shall cease to have effect if for a period of 3
months after it is made they continue to reside together:
Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) 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 given.
(4) An order under subsection (1) or an order under subsec- tion (2) (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) may be varied, discharged, suspended
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