[Rev. 2012]
Children
CAP. 141
86. Disputes between joint custodians
If two persons have parental rights or duty vested in them jointly by a custody
order but cannot agree on its exercise or performance, either of them may apply
to the court, and the court may make such order regarding the exercise of the right
or performance of the duty as it thinks fit.
87. Revocation of custody order
(1) A court may, on application, revoke a custody order, provided that before
doing so it shall make an order as to who is to have custody of the child thereafter
or an appropriate section 114 order.
(2) The Court shall not proceed to hear an application made for the revocation
of a custody order where a previous such application made by the same person
has been refused by that or any other court unless—
(a) in refusing the previous application the court directed that this
subsection should not apply; or
(b) it appears to the court that because of a change in circumstances or
for any other reason it is proper to proceed with the application.
(3) The custodian of a child may apply to the court for the revocation of any
order made with regard to access to the child, or with respect to the maintenance
of the child.
(4) Any other person on whose application an order in respect of access
or maintenance was made, or who was required by such an order to contribute
towards the maintenance of the child, may apply to a court for the revocation or
variation of that order.
(5) Any order in relation to access or maintenance in respect of a child who
is subject of a custody order shall not cease to have effect on the revocation of a
custody order unless otherwise directed by the court.
(6) A custody order made in respect of a child, and any order in respect of
access or maintenance of a child who is the subject of a custody order, shall cease
to have effect when the child attains the age of eighteen years:
Provided that the court shall have power, upon application being made, to
extend a custody, access or maintenance order beyond the child’s eighteenth
birthday, for such period as it shall deem fit.
88. Interim custody orders
(1) The court shall have power to make interim custody orders and may from
time to time review, suspend or vary such orders.
(2) An interim custody order shall not be made in respect of a period exceeding
twelve months.
89. Agreement not to be invalid by reason of giving custody to mother
No agreement made between the parents of a child, shall be held to be invalid
by reason only of its providing that the father shall give legal custody or actual
custody thereof to the mother:
Provided that the court shall not enforce any such agreement if it is of the opinion
that it will not be for the benefit of the child to give effect thereto.
C15 - 41
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