Guardianship Act 1973 (repealed 1.11.1996)
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Change 1
SCHEDULE 2 Amendments of Guardianship of Minors Act 1971 ss. 9, 13, and 16, and Amended Text of s. 9 and s. 15(3)—(6)
Section 2. Part I Amendments 1 (1) Section 9 of the Guardianship of Minors Act 1971 is to be amended in accordance with sub-paragraphs (2) to (4) below. (2) In section 9(2) there shall be substituted— (a) for the words “the mother”, where they first occur, the words “any person (whether or not one of the parents)”; and (b) for the words “the father to pay the mother” the words “payment to that person by the parent of either of the parents excluded from having that custody of”; and (c) for the words “the father”, where they last occur, the words “that parent”. (3) At the end of section 9(3) there shall be added— Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) above shall not apply to any provision of the order giving the custody of the minor to a person other than one of the parents or made with respect to a minor of whom custody is so given. (4) In section 9(4) the words “(in the case of an order under subsection (1))” shall be omitted, and at the end of section 9(4) there shall be added the words “or (before or after the death of either parent) on the application of any other person having the custody the minor by virtue of an order under subsection (1) of this section”. 2 In section 13(1) of the Guardianship of Minors Act 1971 (which provides for the enforcement of orders of a magistrates’ court committing to the applicant the legal custody of a minor) for the words “the applicant” there shall be substituted the words “any person”; at the first place where the applicant is mentioned, and the words “the person given the custody” at the two other places; and for the words “that person” there shall be substituted the words “the person so served”. 3 (1) Section 15 of the Guardianship of Minors Act 1971 is to be amended in accordance with sub-paragraphs (2) to (4) below. (2) In subsection 15(4) there shall be substituted— (a) for the words “to the mother” where they first occur, the words “to a person resident in England or Wales”; and (b) for the words “requiring the father to make payments to the mother” the words “requiring payments to be made”; and (c) for the words “the father”, where they last occur, the words “one parent” and for the words “the mother”, in the last two places where they occur, the words “the other parent”. (3) In section 15(5) the words “in the case of proceedings by the mother” shall be omitted, and for the words “requiring the father to make payments to the mother” there shall be substituted the words “requiring payments to be made”. (4) In section 15(6) for the words “a woman” there shall be substituted the words “a person”, and for the words “that subsection” there shall be substituted the words “that section”. 4 At the end of section 16 of the Guardianship of Minors Act 1971 there shall be added as subsection (5)— (5) In relation to applications made to a magistrates’ court under section 9 of this Act for the discharge or variation of an order giving the custody of a minor to a person other than one of the parents or made with respect to a a minor of whom custody is so given, rules made under section 15 of the Justices of the Peace Act 1949 may make provision as to the persons who are to be made defendants on the application; and if on any such application there are two or more defendants, the power of the court under section 55(1) of the Magistrates’ Courts Act 1952 shall be deemed to include power, whatever adjudication the court makes on the complaint, to order any of the parties to pay the whole or part of the costs of all or any of the parties. Part II Text of s. 9 and s. 15(3) to (6), as Amended Section 9, as amended 9 (1) The court may, on the application of the mother or father of a minor (who may apply without next friend), make such order regarding— (a) the custody of the minor; and (b) the right of access to the minor of his mother or father, as the court thinks fit having regard to the welfare of the child and to the conduct and wishes of the mother and father. (2) Where the court makes an order under subsection (1) of this section giving the custody of the minor to any person (whether or not one of the parents), the court may make a further order requiring payment to that person by the parent or either of the parents excluded from having that custody of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent. (3) An order may be made under subsection (1) or (2) of this section notwithstanding that the parents of the minor are then residing together, but— (a) no such order shall be enforceable, and no liability thereunder shall accrue, while they are residing together; and (b) any such order shall cease to have effect if for a period of three months after it is made they continue to reside together: Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) above shall not apply to any provision of the order giving the custody of the minor to a person other than one of the parents or made with respect to a minor of whom custody is so given. (4) An order under subsection (1) or (2) of this section may be varied or discharged by a subsequent order made on the application of either parent or after the death of either parent on the application of any guardian under this Act, or (before or after the death of either parent) on the application of any other person having the custody of the minor by virtue of an order under subsection (1) of this section. Section 15(3) to (6), as amended A county court or a magistrates, court shall not have jurisdiction under this Act in any case where the respondent or any of the respondents resides in Scotland or Northern Ireland— except in so far as any jurisdiction may be exercisable by virtue of the following provisions of this section; or unless a summons or other originating process can be served and is served on the respondent, or as the case may be, on the respondents in England or Wales. An order under this Act giving the custody of a minor to a person resident in England or Wales, whether with or without an order requiring payments to be made towards the minor’s maintenance, may be made, if one parent resides in Scotland or Northern Ireland and the other parent and the minor in England and Wales, by a magistrates’ court having jurisdiction in the place in which the other parent resides. It is hereby declared that a magistrates’ court has jurisdiction— in proceedings under this Act by a person residing in Scotland or Northern Ireland against a person residing in England or Wales for an order relating to the custody of a minor (including an order requiring payments to be made towards the minors maintenance); in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of such an order. Where proceedings for an order under subsection (1) of section 9 of this Act relating to the custody of a minor are brought in a magistrates’ court by a person residing in Scotland or Northern Ireland, the court shall have jurisdiction to make any order in respect of the minor under that section on the application of the respondent in the proceedings.
SCHEDULE 2 Amendments of Guardianship of Minors Act 1971 ss. 9, 13, and 16, and Amended Text of s. 9 and s. 15(3)—(6)
Section 2. Part I Amendments 1 (1) Section 9 of the Guardianship of Minors Act 1971 is to be amended in accordance with sub-paragraphs (2) to (4) below. (2) In section 9(2) there shall be substituted— (a) for the words “the mother”, where they first occur, the words “any person (whether or not one of the parents)”; and (b) for the words “the father to pay the mother” the words “payment to that person by the parent of either of the parents excluded from having that custody of”; and (c) for the words “the father”, where they last occur, the words “that parent”. (3) At the end of section 9(3) there shall be added— Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) above shall not apply to any provision of the order giving the custody of the minor to a person other than one of the parents or made with respect to a minor of whom custody is so given. (4) In section 9(4) the words “(in the case of an order under subsection (1))” shall be omitted, and at the end of section 9(4) there shall be added the words “or (before or after the death of either parent) on the application of any other person having the custody the minor by virtue of an order under subsection (1) of this section”. 2 In section 13(1) of the Guardianship of Minors Act 1971 (which provides for the enforcement of orders of a magistrates’ court committing to the applicant the legal custody of a minor) for the words “the applicant” there shall be substituted the words “any person”; at the first place where the applicant is mentioned, and the words “the person given the custody” at the two other places; and for the words “that person” there shall be substituted the words “the person so served”. 3 (1) Section 15 of the Guardianship of Minors Act 1971 is to be amended in accordance with sub-paragraphs (2) to (4) below. (2) In subsection 15(4) there shall be substituted— (a) for the words “to the mother” where they first occur, the words “to a person resident in England or Wales”; and (b) for the words “requiring the father to make payments to the mother” the words “requiring payments to be made”; and (c) for the words “the father”, where they last occur, the words “one parent” and for the words “the mother”, in the last two places where they occur, the words “the other parent”. (3) In section 15(5) the words “in the case of proceedings by the mother” shall be omitted, and for the words “requiring the father to make payments to the mother” there shall be substituted the words “requiring payments to be made”. (4) In section 15(6) for the words “a woman” there shall be substituted the words “a person”, and for the words “that subsection” there shall be substituted the words “that section”. 4 At the end of section 16 of the Guardianship of Minors Act 1971 there shall be added as subsection (5)— (5) In relation to applications made to a magistrates’ court under section 9 of this Act for the discharge or variation of an order giving the custody of a minor to a person other than one of the parents or made with respect to a a minor of whom custody is so given, rules made under section 15 of the Justices of the Peace Act 1949 may make provision as to the persons who are to be made defendants on the application; and if on any such application there are two or more defendants, the power of the court under section 55(1) of the Magistrates’ Courts Act 1952 shall be deemed to include power, whatever adjudication the court makes on the complaint, to order any of the parties to pay the whole or part of the costs of all or any of the parties. Part II Text of s. 9 and s. 15(3) to (6), as Amended Section 9, as amended 9 (1) The court may, on the application of the mother or father of a minor (who may apply without next friend), make such order regarding— (a) the custody of the minor; and (b) the right of access to the minor of his mother or father, as the court thinks fit having regard to the welfare of the child and to the conduct and wishes of the mother and father. (2) Where the court makes an order under subsection (1) of this section giving the custody of the minor to any person (whether or not one of the parents), the court may make a further order requiring payment to that person by the parent or either of the parents excluded from having that custody of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent. (3) An order may be made under subsection (1) or (2) of this section notwithstanding that the parents of the minor are then residing together, but— (a) no such order shall be enforceable, and no liability thereunder shall accrue, while they are residing together; and (b) any such order shall cease to have effect if for a period of three months after it is made they continue to reside together: Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) above shall not apply to any provision of the order giving the custody of the minor to a person other than one of the parents or made with respect to a minor of whom custody is so given. (4) An order under subsection (1) or (2) of this section may be varied or discharged by a subsequent order made on the application of either parent or after the death of either parent on the application of any guardian under this Act, or (before or after the death of either parent) on the application of any other person having the custody of the minor by virtue of an order under subsection (1) of this section. Section 15(3) to (6), as amended A county court or a magistrates, court shall not have jurisdiction under this Act in any case where the respondent or any of the respondents resides in Scotland or Northern Ireland— except in so far as any jurisdiction may be exercisable by virtue of the following provisions of this section; or unless a summons or other originating process can be served and is served on the respondent, or as the case may be, on the respondents in England or Wales. An order under this Act giving the custody of a minor to a person resident in England or Wales, whether with or without an order requiring payments to be made towards the minor’s maintenance, may be made, if one parent resides in Scotland or Northern Ireland and the other parent and the minor in England and Wales, by a magistrates’ court having jurisdiction in the place in which the other parent resides. It is hereby declared that a magistrates’ court has jurisdiction— in proceedings under this Act by a person residing in Scotland or Northern Ireland against a person residing in England or Wales for an order relating to the custody of a minor (including an order requiring payments to be made towards the minors maintenance); in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of such an order. Where proceedings for an order under subsection (1) of section 9 of this Act relating to the custody of a minor are brought in a magistrates’ court by a person residing in Scotland or Northern Ireland, the court shall have jurisdiction to make any order in respect of the minor under that section on the application of the respondent in the proceedings.
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