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Court may make order as to custody
Cap. 173, s. 20 · Revised Edition 2020
(1) The Court may, upon the application of any of the parents of a child, make such order as it may think fit
(a) the custody of the child;
(b) the right of access to the child of either
(c) any other matter affecting the child,
having regard to the age and the best interests of the child and taking into consideration the conduct and wishes of the parents and the child.
(2) Where the court makes an order under subsection (1) of this section giving the custody of the child to one parent, it may further order that the other parent pays to the parent having custody of the child a weekly or other periodical sum 21 towards the maintenance of the child as the court thinks reasonable having regard to the means of the parents.
(3) Where any order as to custody of the child or payment to a parent of a periodical sum for the maintenance of the child had been previously made by a court of competent jurisdiction,
the court may, if it thinks fit, in the exercise of its power to make an order for the custody or maintenance of the child under this section, discharge the previous order and substitute any order it may think fit.
(4) An order may be made under subsection (1) or (2) of this section notwithstanding that the parents of the child are then residing together.
(5) 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, in the case of an order under subsection (1) of the section, after the death of either parent on the application of any guardian under this Act.
(6) A parent granted custody of, or access rights to, the child under subsection (1) of this section, may apply to the court to voluntarily give up such custody or access to the child.
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