condition as the court may direct.
80.
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 applicant—
(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.
(2) The appointment of a custodian may be made on the application
of a probation and social welfare officer 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 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 subsists is
wrongfully removed from the person in whose custody he or she is, the court
may, on the application of the custodian, make an order that the custody of
the child be recommitted to the applicant.
(7) Any person who contravenes an order made under subsection (6)
commits an offence and shall be dealt with in accordance with this Act.
81.
Misapplying maintenance money.
A person in whose custody a child is commits an offence if he or she
misapplies any money paid for the maintenance of the child, and the grant of
custody may be varied in the best interests of the child.
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