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Domestic Proceedings and Magistrates' Courts Act 1978

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This is the original version (as it was originally enacted).

45Interim orders

(1)The provisions of section 2 of the [1973 c. 29.] Guardianship Act 1973 relating to interim orders shall have effect subject to the provisions of this section.

(2)For subsection (4) of the said section 2 there shall be substituted the following subsection—

(4)Subject to subsection (5C) below, where an application is made under section 9 of the Guardianship of Minors Act 1971 the court may, at any time before it makes a final order or dismisses the application, make an interim order containing—

(a)provision requiring either parent to make to the other or to the minor such periodical payments towards the maintenance of the minor as the court thinks reasonable, and

(b)where by reason of special circumstances the court thinks it proper, any such provision regarding the legal custody of and right of access to the minor as the court has power to make under the said section 9..

(3)In subsection (5) of the said section 2 the words from " but an interim order " to the end of the subsection shall be omitted.

(4)At the end of subsection (5) of the said section 2 there shall be inserted the following subsections—

(5A)Section 11A(2) of the Guardianship of Minors Act 1971 shall apply in relation to an interim order made under this section which contains provision regarding the custody of a minor as it applies in relation to an order made under section 9(1) of that Act.

(5B)An interim order made under this section which requires the making of payments for the maintenance of a minor may provide for payments to be made from such date as the court may specify, not being earlier than the date of the making of the application for an order under section 9 of the Guardianship of Minors Act 1971.

(5C)An interim order made under this section shall cease to have effect on whichever of the following dates occurs first, that is to say—

(a)the date, if any, specified for the purpose in the order,

(b)the date of the expiration of the period of three months beginning with the date of the making of the order,

(c)the date on which the court either makes a final order on, or dismisses, the application.

(5D)Where an interim order made under this section would, but for this subsection, cease to have effect by virtue of subsection (5C)(a) or (b) above, the court which made the order may by order provide that the interim order shall continue in force for a further period, and any order continued in force under this subsection shall cease to have effect on whichever of the following dates occurs first, that is to say—

(a)the date, if any, specified for the purpose in the order made under this subsection ;

(b)the date of the expiration of the period of three months beginning with the date of the making of the order under this subsection or, if more than one order has been made under this subsection with respect to the application, the date of the making of the first of those orders;

(c)the date on which the court either makes a final order on, or dismisses, the application.

(5E)On an application under section 9 of the Guardianship of Minors Act 1971 the court shall not have power to make more than one order under subsection (4) or (5) above with respect to that application, but without prejudice to the powers of the court under this section on any further such application..

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