Guardianship of Minors Ordinance

(1)
Where the court makes an order under
section 8(e)
,
8A(2
)(
c)
or
9
that a person is to act as the guardian of a minor to the exclusion of the minor’s surviving parent, the court
may—
(Amended
1 of 2012 s. 8
)
(a)
make such order
regarding—
(i)
the custody of the minor; and
(ii)
the right of access to the minor of his or her surviving parent,
as the court thinks fit, having regard to the best interests of the minor; and
(Amended
1 of 2012 s. 8
)
(b)
make one or more of the following orders, that is to
say—
(Amended
17 of 1993 s. 19
)
(i)
an order requiring the surviving parent to pay to the guardian 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 the surviving parent;
(ii)
an order requiring the surviving parent to pay to the guardian such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the surviving parent;
(Replaced
65 of 1986 s. 4
. Amended
17 of 1993 s. 19
)
(iii)
an order requiring the surviving parent to secure to the guardian, to the satisfaction of the court, such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the surviving parent;
(Added
17 of 1993 s. 19
)
(iv)
an order requiring the surviving parent to transfer to the guardian for the benefit of the minor, or to the minor, such property, being property to which the surviving parent is entitled (either in possession or reversion), as the court thinks reasonable having regard to the means of the surviving parent;
(Added
17 of 1993 s. 19
)
(v)
an order requiring the settlement for the benefit of the minor, to the satisfaction of the court, of such property, being property to which the surviving parent is so entitled, as the court thinks reasonable having regard to the means of the surviving parent.
(Added
17 of 1993 s. 19
)
(2)
The powers conferred by subsection (1) may be exercised at any time and include power to vary, discharge or suspend any order (other than an order for a lump sum payment in one amount, for a lump sum to be paid in instalments where all such instalments have been paid or for the transfer of property) previously made under that subsection or to revive any order so suspended.
(Amended
65 of 1986 s. 4
;
17 of 1993 s. 19
)
[cf. 1971 c. 3 s. 10 U.K.]