Part I

England and Wales

Jurisdiction and orders on applications under s. 9 of Guardianship of Minors Act 1971.
2
1
In sections 9, 13, . . . and 16 of the Guardianship of Minors Act 1971 there shall be made the amendments provided for by Part I of Schedule 2 to this Act (being amendments providing for mother and father to be treated alike in relation to applications under section 9 of that Act, and amendments relating to cases in which legal custody is given to an individual other than one of the parents); and accordingly section 9 . . . shall have effect as . . . set out in Part II of that Schedule with the amendments required by this subsection.
2
Where an application is made under section 9 of the Guardianship of Minors Act 1971 for the legal custody of a child, then subject to sections 3 and 4 below—
a
if by virtue of the making of, or refusal to make, an order on that application the actual custody of a child is given to, or retained by, a parent of the child, but it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may make an order that the child shall be under the supervision of a specified local authority or under the supervision of a probation officer;
b
if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parents, the court may commit the care of the child to a specified local authority.
3
Where the court makes an order under section (2)(
b
) above committing the care of a
child
to a local authority, the court may make a further order requiring either parent to make to that authority or to the
child
such periodical payments, and for such term, as may be specified in the order; but the order shall only require payments to be made to a local authority while it has the care of the
child
3A
The court in deciding whether to exercise its power under subsection (3) above and, if so, in what manner, shall have regard to all the circumstances of the case including the matters to which the court is required to have regard under section 12A of the Guardianship of Minors Act 1971.
3B
The provisions of section 12 of the Guardianship of Minors Act 1971 shall apply in relation to an order made under subsection (3) above as they apply in relation to an order made under
section 11B
of that Act.
4
Subject to the provisions of this section, where an application is made under section 9 of the Guardianship of Minors Act 1971 the court, at any time before it makes a final order or dismisses the application, may, if by reason of special circumstances the court thinks it proper, make an interim order containing any such provision regarding the legal custody of and right of access to the child as the court has power to make under that section.
4A
Subject to the provisions of this section, where an application is made under section 11B of the Guardianship of Minors Act 1971, the court, at any time before it makes a final order or dismisses the application, may make an interim order requiring either parent to make to the other or to the child such periodical payments towards the maintenance of the child as the court thinks fit.
5
Where under section 16(4) of the Guardianship of Minors Act 1971 the court refuses to make an order on an application under section 9 or 11B of that Act on the ground that the matter is one that would more conveniently be dealt with by the High Court, the court shall have power—
a
in the case of an application under section 9 of that Act, to make an order under subsection (4) above,
b
in the case of an application under section 11B of that Act, to make an order under subsection (4A) above
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
child
as it applies 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
child
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 11B
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 occur 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 or 11B of the Guardianship of Minors Act 1971 the court shall not have power to make more than one interim order under this section with respect to that application, but without prejudice to the powers of the court under this section on any further such application.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In section 16(2) of the Guardianship of Minors Act 1971 (which provides for appeals from orders made by a county court under that Act) for the words “made by a county court under this Act” there shall be substituted the words “made on an application under this Act by a county court”.
8
For purposes of this section “local authority” means the council of a non-metropolitan county or a metropolitan district or London borough, or the Common Council of the City of London, and, until the coming into force of the Local Government Act 1972, includes the council of any county or county borough; and the matters which under section 2 of the Local Authority Social Services Act 1970 are to stand referred to an authority’s social services committee shall include all matters relating to the discharge by the authority of functions under this section.
Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)
Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)
Words repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1)(2), 69(5), Sch. 1 para. 16(b), Sch. 2
1971 c. 3.
Words “legal custody” substituted (E.W.) for word “custody” by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 36(2)
Ss. 2(2) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 54(2)
S. 2(2)(3)(3A)(3B)(4)(5A)(5B)(5C)(5D)(5E) applied with modifications by Children Act 1975 (c. 72, SIF 49:9, 10), S. 34(4)(5); Domestic Proceedings and Magistrates Courts Act 1978 (c. 22), s. 64
S. 2(3)(3A)(3B) substituted for S. 2(3) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 44(1)
Word substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 53
Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 54(3)
S. 2(4)(4A)(5) substituted for s. 2(4)(5) by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 54(4)
S. 2(5A)–(5E) added by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 45(4)
Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 54(5)
S. 2(5E) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 54(6)
S. 2(6) repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1)(4), 34(2)(5), Sch 2 para. 54(7), Sch. 4
The text of s. 2(7), 9(3), 14, Sch. 1, 3, 5 paras. 4–7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1972 c. 70.
1970 c. 42.