Appointment of custodian

(1) Whenever a maintenance order is made against the father or mother, a court may, at the time of making the order or from time to time thereafter, on being satisfied that the (a) is not a fit and proper person to have custody of the child; or (b) is dead, or has become of unsound mind, or is in prison, appoint a person who is willing to have custody of the child to be the custodian of the child. 50 (2) The appointment of a custodian may be made on the application of a social services practitioner or of the person having custody of the child or of the person against whom the maintenance order is made. (3) The appointment of a custodian may be revoked and another person appointed to have custody of the child. (4) A custodian shall have power to apply for the recovery of all payments in arrears becoming due under a maintenance order as any other applicant would have been entitled to do. (5) Where any order of appointment or of revocation of the appointment of a custodian is made, the court may also order the child to be delivered to the person appointed to have custody of the child. (6) If a child in respect of whom a maintenance order has been made is wrongfully removed from the person in whose custody he is, the court may, on the application of the custodian, upon review of a report on the matter, make an order that the custody of the child be recommitted to the (7) Any person who contravenes an order made under subsection (6) of this section commits an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars or two years imprisonment, or to both such fine and term of imprisonment.