Hong Kong Ordinances

GUARDIANSHIP OF MINORS ORDINANCE - SECT 10

Orders for custody and maintenance on application of either parent

PART IV

ORDERS FOR CUSTODY AND MAINTENANCE

(1) The court may, on the application of either of the parents of a minor (who
may apply without next friend) or the Director of Social Welfare, make such
order regarding- (Amended 65 of 1986 s. 3)

   (a)  the custody of the minor; and

   (b)  the right of access to the minor of either of his parents, as the
        court thinks fit having regard to the welfare of the minor and to the
        conduct and wishes of the parents.

(2) The court may as regards a minor, on the application of a person with
whom, whether by virtue of an order under subsection (1) or otherwise, custody
of the minor lies at law, make in respect of the minor any one or more of the
following orders-

   (a)  an order requiring payment to the applicant by the parent or either of
        the parents of the minor of such lump sum (whether in one amount or by
        instalments) for the immediate and non-recurring needs of the minor or
        for the purpose of enabling any liabilities or expenses reasonably
        incurred in maintaining the minor before the making of the order to be
        met, or for both, as the court thinks reasonable having regard to the
        means of that parent;

   (b)  an order requiring payment to the applicant by such parent or either
        of such parents of such periodical sum towards the maintenance of the
        minor as the court thinks reasonable having regard to the means of
        that parent;

   (c)  an order requiring the securing to the applicant by such parent or
        either of such parents, to the satisfaction of the court, of such
        periodical sum towards the maintenance of the minor as the court
        thinks reasonable having regard to the means of that parent;

   (d)  an order requiring the transfer to the applicant for the benefit of
        the minor, or to the minor, by such parent or either of such parents,
        of such property, being property to which the parent is entitled

(either in possession or reversion), as the court thinks reasonable having
regard to the means of that parent;

   (e)  an order requiring the settlement for the benefit of the minor, to the
        satisfaction of the court, of such property, being property to which
        such parent or either of such parents is so entitled, as the court
        thinks reasonable having regard to the means of that parent. (Replaced
        80 of 1997 s. 78)

(3) An order may be made under subsection (1) or (2) notwithstanding that the
parents of the minor are then residing together, but-

   (a)  no such order shall be enforceable, and no liability thereunder shall
        accrue, while they are residing together; and

   (b)  any such order shall cease to have effect if for a period of 3 months
        after it is made they continue to reside together: Provided that,
        unless the court in making the order directs otherwise, paragraphs (a)
        and (b) shall not apply to any provision of the order giving the
        custody of the minor to a person other than one of the parents or made
        with respect to a minor of whom custody is so given.

(4) An order under subsection (1) or an order under subsection (2)

(other than an order for a lump sum payment in one amount, for a lump sum to
be paid in instalments where all such instalments have been paid or for the
transfer of property) may be varied, discharged, suspended or revived after
being so suspended, by a subsequent order made on the application of either
parent or after the death of either parent on the application of any guardian
under this Ordinance, or (before or after the death of either parent) on the
application of any other person having the custody of the minor by virtue of
an order under subsection (1). (Amended 65 of 1986 s. 3; 17 of 1993 s. 19)
[cf. 1973 c. 29 Sch. 2 Pt. II U.K.]