Guardianship of Minors Ordinance

(1)
Where an application made under
section 10
relates to the custody of a minor, then subject to
sections 14
and
15
—
(Amended
69 of 1997 s. 3
)
(a)
if by an order made on that application any person is given the custody of the minor, but it appears to the court that there are exceptional circumstances making it desirable that the minor should be under the supervision of an independent person, the court may order that the minor shall be under the supervision of the Director of Social Welfare;
(b)
if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the minor to be entrusted to either of the parents or to any other individual, the court may commit the care of the minor to the Director of Social Welfare.
[cf. 1973 c. 29 s. 2(2) U.K.]
(2)
Where the court makes an order under subsection
(1
)(
b)
committing the care of a minor to the Director of Social Welfare, the court may make one or both of the following orders, that is to
say—
(Amended
65 of 1986 s. 6
)
(a)
an order requiring the payment by either parent to the Director of Social Welfare while the Director has the care of the minor of 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 that parent;
(Added
65 of 1986 s. 6
)
(b)
an order requiring the payment by either parent to the Director of Social Welfare while the Director has the care of the minor of such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent.
(Added
65 of 1986 s. 6
. Amended
L.N. 80 of 2012
)
[cf. 1973 c. 29 s. 2(3) U.K.]
(3)
On an application under
section 10
the court may, in any case where it adjourns the hearing of the application for more than 7 days, make an interim order, to have effect until such date as may be specified in the order and
containing—
(a)
provision for payment by either parent to the other, or to any person given the custody of the minor, of such periodical payments towards the maintenance of the minor as the court thinks reasonable having regard to the means of the parent on whom the requirement is imposed; and
(Amended
65 of 1986 s. 6
)
(b)
where by reason of special circumstances the court thinks it proper, any provision regarding the custody of the minor or the right of access to the minor of either of his or her parents,
(Amended
L.N. 80 of 2012
)
but an interim order under this subsection shall not be made to have effect after the end of the 3 months beginning with the date of the order or of any previous interim order made under this subsection with respect to the application, and shall cease to have effect on the making of a final order or on the dismissal of the application.
[cf. 1973 c. 29 s. 2(4) U.K.]
(4)
The District Court may also make such an interim order where under
section 23(b)
it refuses to make an order on an application under
section 10
on the ground that the matter is one that would more conveniently be dealt with by the Court of First Instance; but an interim order under this subsection shall not be made so as to have effect after the end of the 3 months beginning with the date of the order.
(Amended
25 of 1998 s. 2
)
[cf. 1973 c. 29 s. 2(5) U.K.]