[Rev. 2012]
Children
CAP. 141
(4) In this Act, unless the context otherwise requires, reference to the person
under whom a child has his home refers to the person who, disregarding absence
of the child at a hospital or boarding school and any other temporary absence, has
care and control of that child.
82. Custody
(1) A court may, on the application of one or more persons qualified under
subsection (3) of this section, make an order vesting the custody of a child in the
applicant or, as the case may be, in one or more of the applicants.
(2) An order under subsection (1) may be referred to as a custody order, and
the person to whom custody of the child is awarded is referred to as the custodian
of the child.
(3) Custody of a child may be granted to the following persons—
(a) a parent;
(b) a guardian;
(c) any person who applies with the consent of a parent or guardian
of a child and has had actual custody of the child for three months
preceding the making of the application;
(d) any person who, while not falling within paragraph (a), (b) or (c), can
show cause, having regard to section 83, why an order should be
made awarding that person custody of the child.
83. Principles to be applied in making custody order
(1) In determining whether or not a custody order should be made in favour of
the applicant, the court shall have regard to—
(a) the conduct and wishes of the parent or guardian of the child;
(b) the ascertainable wishes of the relatives of the child;
(c) the ascertainable wishes of any foster parent, or any person who has
had actual custody of the child and under whom the child has made
his home in the last three years preceding the application;
(d) the ascertainable wishes of the child;
(e) whether the child has suffered any harm or is likely to suffer any harm
if the order is not made;
(f) the customs of the community to which the child belongs;
(g) the religious persuasion of the child;
(h) whether a care order, or a supervision order, or a personal protection
order, or an exclusion order has been made in relation to the child
concerned and whether those orders remain in force;
(i) the circumstances of any sibling of the child concerned, and of any
other children of the home, if any;
(j) the best interest of the child.
C15 - 39
[Issue 1]
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