Paragraph 9
England and Wales
The court may, on the application of the mother or father of a minor (who may apply without next friend), make such order regarding—
the custody of the minor; and
the right of access to the minor of his mother or father,
as the court thinks fit having regard to the welfare of the child and to the conduct and wishes of the mother and father.
Where the court makes an order under subsection (1) of this section giving the custody of the minor to any person (whether or not one of the parents), the court may make a further order requiring payment to that person by the parent or either of the parents excluded from having that custody of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent.
An order may be made under subsection (1) or (2) of this section notwithstanding that the parents of the minor are then residing together, but—
no such order shall be enforceable, and no liability thereunder shall accrue, while they are residing together; and
any such order shall cease to have effect if for a period of three 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) above 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.
An order under subsection (1) or (2) of this section 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 Act, 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) of this section.
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
Notes on Schedule 2
Modifications
- C1
The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. This provision has been amended by Children Act 1975 (c. 72), s. 108(1)(a), Sch. 3 para. 75(1)(b)(c); Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 36(2), 41(2), 47(1); Justices of the Peace Act 1979 (c. 55), s. 71, Sch. 2 para. 16. Parts of this provision have been repealed by Children Act 1975 (c. 72), s. 108(1)(a), Sch. 3 para. 75(1)(b)(c); Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3; Family Law Act 1986 (c. 55), s. 68(1)(2), Sch. 1 para. 16(d)(e), Sch. 2