INFANTS CUSTODY ORDINANCE

INFANTS CUSTODY ORDINANCE

CHAPTER 13.

INFANTS CUSTODY.

To amend the law relating to the custody of infants.

[6th December, 1935.]

1. This Ordinance may be cited as the Infants Custody
Ordinance.

2. (I) The court, upon the application of the father or
the mother of any infant, and whether or not the mother is
then residing with the father, may make such order as it
may think fit regarding the custody of such infant and the
right of access thereto of either parent, having regard to the
welfare of the infant, and to the conduct of the parents, and
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.

(3) The court may alter, vary or discharge any order
made under subsection (I) 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 moiber and the liability of the father for the
same or otherwise as to costs as the court may think just.

3. No agreement contained in any separation deed
made between the father and mother of an infant shall be
field to be invalid by reason only of its providing that the
father of such infant shall give up the custody or control
thereof to the mother : Provided that no court shall enforce
any such agreement if the court is of opinion that it will
not be for the benefit of the infant to give effect thereto.





4. (1) Any person for the time being under an obliga-
tion to make payments in pursuance of any order for the
payment of money tinder this Ordinance shall give notice of
any change of address to such person, if any, as may be
specified in the order, and any person failing without reason-
able excuse to give such a notice shall be liable on summary
conviction to a fine of two hundred and fifty dollars.

(2) Where the Supreme Court has made any such
order, the court shall, in addition to any other powers for
enforcing compliance with the order, have power, in any
case where there is any pension or income payable to the
person against whom the order is made and capable of being
attached, after giving the person by whom the pension or
income is payable an opportunity of being heard, to order
that such part as the court may think fit of any such pension
or income, be attached and paid to the person named by
the court, and such further order shall be an authority to
the person by whom such pension or income is payable to
make the payment so ordered, and the receipt of the person
to whorn the payment is ordered to be inade shall be a good
discharge to the person by whom the pension or income is
payable.

5. (1) In this Ordinance the expression 'court' shall
also include a magistrate: Provided that a magistrate shall
not be competent-
(a)to entertain any application, other than an applica-
tion for variation or discharge of an existing order
under this Ordinance, relating to an infant who
has attained the age of sixteen years, unless the
infant is physically or mentally incapable of self-
support; or
(b)to award the payment of sums towards the main-
tenance of any infant exceeding thirty dollars a
week.

(2) The provisions of the Magistrates Ordinance, shall
apply to every proceeding before, and every order by a
magistrate under this section, and-
(a)the application may be heard and determined other-
wise than in open court;
(b)where the magistrate considers that the matter is
one which would more conveniently be dealt with





by the Supreme Court, he may refuse to make an
order, and in such case, without prejudice to the
general right of appeal conferred by the Magistrates
Ordinance, no appeal shall lie from the decision of
the magistrate;
(c)an order for the payment of money shall be enforce-
able in like manner as an order for the payment of
a civil debt recoverable summarily before a magis-
trate ;
(d)where an order contains a provision committing to
the applicant the legal custody of any infant a copy
of the order may be served on any person in whose
actual custody the infant may for the time being
be, and thereupon the provision may, without
prejudice to any other remedy open to the applicant,
be enforced under subsection (2) of section 39 of the
Magistrates Ordinance, as if it were an order of the
magistrate requiring that person to give up the
infant to the applicant.
48 of 1935. 9 of 1950. Short title. Court may make orders as to custody and maintenance of infants. 49 & 50 Vict. C. 27, s. 5; 15 & 16 Geo. 5, c, 45, s. 3; 18 & 19 Geo. 5, c. 26, s. 16. Custody of infant in case of separation deed between father and mother. 36 & 37 Vict. c. 12, s. 2. Enforcement of orders for payment of money. 15 & 16 Geo. 5, c. 45, s. 8. 9 of 1950, Schedule. Extension of jurisdiction to magistrates. 15 & 16 Geo. 5, c. 45, s. 7. 9 of 1950, Schedule. (Cap. 227.) (Cap. 227.)

48 of 1935. 9 of 1950. Short title. Court may make orders as to custody and maintenance of infants. 49 & 50 Vict. C. 27, s. 5; 15 & 16 Geo. 5, c, 45, s. 3; 18 & 19 Geo. 5, c. 26, s. 16. Custody of infant in case of separation deed between father and mother. 36 & 37 Vict. c. 12, s. 2. Enforcement of orders for payment of money. 15 & 16 Geo. 5, c. 45, s. 8. 9 of 1950, Schedule. Extension of jurisdiction to magistrates. 15 & 16 Geo. 5, c. 45, s. 7. 9 of 1950, Schedule. (Cap. 227.) (Cap. 227.)

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