Section 11 Orders for custody and maintenance where joint guardians disagree.

England and Wales

The powers of the court under section 7 of this Act shall, where one of the joint guardians is the mother or father of the minor, include power—

(a)

to 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;

F2(b)

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

(i)

an order requiring the mother or father to pay to the other 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;

(c)

to vary or discharge any order F3(other than an order for the payment of a lump sum) previously made under that section.

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. 11(b) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 41(4), Sch. 1
F3: Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 41(4), 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F1: Act repealed (EW NI) (14.10.1991) by Childrens Act 1989 (c. 41 , SIF20), s.108(7), Sch.15;SI 1991/828, art.3(2)