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Matrimonial Causes Act 1965

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37Power to provide for supervision of children

(1)Where the court has jurisdiction by virtue of this' Part of this Act to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person, order that the child be under the supervision of an officer appointed under this section as a welfare officer or under the supervision of a local authority.

(2)Where the court makes an order under this section for supervision by a welfare officer, the officer responsible for carrying out the order shall be such probation officer as may be selected under arrangements made by the Secretary of State ; and where the order is for supervision by a local authority, that authority shall be the council of a county, county borough or London borough selected by the court and specified in the order or, if the Common Council of the City of London is so selected and specified, that Council.

(3)This section shall be included among the enactments specified in subsection (1) of section 39 of the [1948 c. 43.] Children Act 1948 (which lists the functions which are matters for the children's committee of a local authority), and a local authority shall discharge the duties conferred on them by an order under this section through an officer employed in connection with those functions.

(4)The court shall not have power to make an order under this section as respects a child who in pursuance of an order under the last foregoing section is in the care of a local authority.

(5)Where a child is under the supervision of any person in pursuance of this section the jurisdiction possessed by a court to vary any order made with respect to the child's custody, maintenance or education under this Part of this Act shall, subject to any rules of court, be exercisable at the instance of that court itself.

(6)The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.

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