Section 10 Orders for custody and maintenance where person is guardian to exclusion of surviving parent.

England and Wales

(1)

Where the court makes an order under section 4(4) of this Act that a person shall be the sole guardian of a minor to the exclusion of his mother or father, the court may—

(a)

make such order regarding—

(i)

the F1legal custody of the minor; and

(ii)

the right of access to the minor of his mother or father,

as the court thinks fit having regard to the welfare of the minor; and

F2(b)

may also, subject to section 12 of this Act, make one or both of the following orders, that is to say—

(i)

an order requiring the mother or father to pay to the guardian for the benefit of the minor, or to the minor, such periodical payments, and for such term, as may be specified in the order;

(ii)

an order requiring the mother or father to pay to the guardian for the benefit of the minor, or to the minor, such lump sum as may be so specified;

(2)

The powers conferred by subsection (1) of this section may be exercised at any time and include power to vary or discharge any order F3(other than an order for the payment of a lump sum) previously made under those powers.

Annotations

Textual amendments

F1: Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 36(1)(a), Sch. 1
F2: S. 10(1)(b) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 41(3), Sch. 1
F3: Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 41(3), Sch. 1

Notes on the whole Act

Textual amendments

F1: Act repealed (EW NI) (14.10.1991) by Childrens Act 1989 (c. 41 , SIF20), s.108(7), Sch.15;SI 1991/828, art.3(2)