Domestic Proceedings and Magistrates' Courts Act 1978

41 Extension of powers of court to make orders for maintenance

(1) The provisions of sections 9, 10 and 11 of the [1971 c. 3.] Guardianship of Minors Act 1971 relating to orders for maintenance shall have effect subject to the provisions of this section.

(2) In section 9 of that Act for subsection (2) there shall be substituted the following subsection—

“(2) Where by an order under subsection (1) of this section the right to the actual custody of a minor is given to one of the parents, the court may also, subject to section 12 of this Act, make one or both of the following orders, that is to say—

(a) an order requiring the parent excluded from having actual custody to make to the other parent for the benefit of the minor, or to the minor, such periodical payments, and for such term, as may be specified in the order ;

(b) an order requiring the parent excluded from having actual custody to pay to the other parent for the benefit of the minor, or to the minor, such lump sum as may be so specified ; "

and in subsection (4) after the words "this section" there shall be inserted the words " (other than an order for the payment of a lump sum) ".”

(3) In section 10(1) of that Act for paragraph (b) there shall be substituted the following paragraph—

“(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;”.

and in subsection (2) of that section after the words " any order " there shall be inserted the words " (other than an order for the payment of a lump sum) " .

(4) In section 11 of that Act for paragraph (b) there shall be substituted the following paragraph—

“(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 other guardian for the benefit of the minor, or to the minor, such lump sum as may be so specified ;”.

and in paragraph (c) after the words " any order " there shall be inserted the words " (other than an order for the payment of a lump sum) ".