Hong Kong Ordinances

GUARDIANSHIP OF MINORS ORDINANCE - SECT 12

Orders for custody and maintenance where joint guardians disagree

The powers of the court under section 9 shall, where one of the joint
guardians is the surviving parent of the minor, include power-

   (a)  to make such order regarding-

        (i)    the custody of the minor; and

        (ii)   the right of access to the minor of his surviving parent, as
               the court thinks fit having regard to the welfare of the minor;

   (b)  to make one or more of the following orders, that is to say- (Amended
        17 of 1993 s. 19)

        (i)    an order requiring the surviving parent to pay 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 the surviving parent;

        (ii)   an order requiring the surviving parent to pay such periodical
               sum towards the maintenance of the minor as the court thinks
               reasonable having regard to the means of the surviving parent;
               (Replaced 65 of 1986 s. 5)

        (iii)  an order requiring the securing by the surviving parent, 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 the surviving parent; (Added 17 of 1993
               s. 19)

        (iv)   an order requiring the transfer for the benefit of the minor,
               or to the minor, by the surviving parent, of such property,
               being property to which the surviving parent is entitled
               (either in possession or reversion), as the court thinks
               reasonable having regard to the means of the surviving parent;
               (Added 17 of 1993 s. 19)

        (v)    an order requiring the settlement for the benefit of the minor,
               to the satisfaction of the court, of such property, being
               property to which the surviving parent is so entitled, as the
               court thinks reasonable having regard to the means of the
               surviving parent; (Added 17 of 1993 s. 19)

   (c)  to vary, discharge or suspend any order (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) previously made under that section or to revive
        any order so suspended. (Amended 65 of 1986 s. 5; 17 of 1993 s. 19)
        [cf. 1971 c. 3 s. 11 U.K.]