CAP. 141 Children [Rev. 2012] 78. Reports (1) A court while considering any question with respect to a child under this Act, may require to have presented to it a report, either oral or written as the court may direct, on such matters relating to the child as the court may consider necessary; and the court may direct that such report be prepared by such person or persons as the court may designate. (2) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take into account— (a) any statement contained in the report; or (b) any evidence given in respect of the matters referred to in the report, in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering. 79. Appointment of a guardian ad litem A court before which a child is brought, and especially where that child is not represented by an advocate, may appoint a guardian ad litem for the purposes of the proceedings in question and to safeguard the interests of the child. 80. Appeals Unless otherwise provided under this Act, in any civil or criminal proceedings in a Children’s Court, an appeal shall lie to the High Court and a further appeal to the Court of Appeal. PART VII – CUSTODY AND MAINTENANCE 81. Meaning of custody, care and control (1) In this Part unless the context otherwise requires— (a) “custody” with respect to a child, means so much of the parental rights and duties as relate to the possession of the child; (b) “care and control” means actual possession of a child, whether or not that possession is shared with one or more persons; (c) “legal custody” means so much of the parental rights and duties in relation to possession of a child as are conferred upon a person by a custody order; (d) “actual custody” means the actual possession of a child, whether or not that possession is shared with one or more persons. (2) Where a person, not having legal custody of a child, has care and control of the child, he shall be under a duty to safeguard the interests and welfare of that child. (3) Where a person, not having legal custody of a child, has actual custody he shall be deemed to have care and charge of the child and shall be under a duty to take all reasonable steps to safeguard the interests and welfare of that child. [Issue 1] C15 - 38