Full legislation
s.12
Orders for custody and maintenance where joint guardians disagree
The powers of the court under section 8(a) or (c), 8A(2)(a) or 9 shall, where one of the joint guardians is the surviving parent of the minor, include power— (Amended 1 of 2012 s. 9 ) (a) to 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; (Amended 1 of 2012 s. 9 ) (b) to 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 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 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. 5 ) (iii) an order requiring the securing by the surviving parent, to the satisfaction of the court, of 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 transfer for the benefit of the minor, or to the minor, by the surviving parent, of 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 ) (c) 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 section or to revive any order so suspended. (Amended 65 of 1986 s. 5 ; 17 of 1993 s. 19 ) [cf. 1971 c. 3 s. 11 U.K.]